Pretzer
Pretzer v. Pretzer
Opinion
Lead Opinion
Tyler, J.
Action to cancel a deed and quiet title to certain real property. The action was instituted • by Margaret Pretzer against Heinrich Pretzer, her former husband, and Peter Pretzer, her father-in-law. The deed • sought to be canceled was executed July 15, 1926, by the husband to his father. Heinrich Pretzer and Margaret Pretzer were married in the year 1921 and they separated December 4, 1928. In 1929 plaintiff instituted an action for divorce against her husband. In such action she asked to be awarded the custody of a minor child, support for herself and such child, and also a division of the property consisting of the real estate here involved and some personal property, all of which was alleged to be the community property of the parties. After trial the court found in favor of plaintiff, granted her an interlocutory decree of divorce, gave her the custody of the minor child, with pro-' vision for its support, and decreed that the property was community in character and disposed of it between them. As to the real property here involved, the decree awarded an undivided one-half interest to each, and each was decreed to be the owner of such interest. The husband’s interest was…