Marriage—Annulment—Physical Incapacity op Woman;—Bight to Participate in Property Jointly Accumulated;—A woman who has in good faith entered into a marriage, which is subsequently annulled at the instance of the other party on account of her physical incapacity of entering into the marriage state, is entitled to participate in the property which has been accumulated by the efforts of both parties during the existence of the supposed marriage, and while she in good faith believed that such marriage was valid.

Id.—Legal Status op Parties to Voidable Marriage.—Such a marriage is not void in the extreme sense. The husband had the right to attack it, and to have it annulled, but in the absence of such attack, it was good as against every body. Third parties could not question its validity in any way, and even the husband himself was bound by it until and unless he undertook to set it aside by means of an action for annulment.

Id.—Community Property—Apportionment op Property—Discretion. .—Even though, strictly speaking, there is no “community property” when there has not been a valid marriage, the courts will, in dividing gains made by the joint efforts of a man and a woman living together under a voidable marriage which is subsequently annulled, apply^ by analogy, the rules which would obtain with regard to community property where a valid marriage is terminated by death of the husband or by divorce. The apportionment of such property between the parties not being provided by any statute, should be made on equitable principles, and the amount to be allotted to her is to be determined by the exercise of the sound discretion of the trial court.

Id.—Proportionate Amounts Contributed by Parties.—In an action by the woman, after the annulment of the marriage, to recover her portion of the property accumulated by the parties while the marriage was in existence, the court will not attempt to adjust their respective rights in proportion to the amount each contributed thereto.

Id.—Judgment Annulling Marriage—Action eor Apportionment op Property—Estoppel.—The judgment in tthe action annulling the marriage, in which no property rights of the parties were in issue or determined, does not estop the former wife from subsequently maintaining an action to recover an appropriate portion of the property accumulated by them during the existence of the marriage.

Id.—Conclusiveness op Finding—Appeal.—In such action, a finding that the question of property rights was not presented by the pleadings in the annulment suit, and that no disposition of property was made or attempted to be made by the judgment in that suit, is conclusive on appeal.