Haller

This is an appeal by the defendant, Paul Stewart, from a judgment entered against him in an action to quiet title.

The undisputed facts are these: The plaintiff, Jennie M. Haller, and Jacob H. Haller, were at all times herein mentioned, husband and wife. The property involved was purchased and title taken in the name of Jennie M. Haller and Jacob H. Haller, and is conceded to have been at the time of the purchase community property. Thereafter, and on August 7, 1921, Jacob H. Haller made, executed and delivered to his wife, Jennie M. Haller, a grant deed, conveying said property to her, which deed was acknowledged on May 6, 1922, and duly recorded on the same date. Said deed contained this clause: ‘1 This deed is made for the purpose of making the property herein described the separate property of the grantee herein.” Thereafter, and on January 15, 1923, appellant, Paul Stewart, became a creditor of said Jacob H. Haller, and subsequently and at the time this action was commenced, had become a judgment creditor of said Jacob H. Haller in the sum of $1,407.83. Appellant had an execution issued on said judgment and caused the property in question to be levied upon in satisfaction of…