Pearson

This is an appeal by the defendants from the judgment herein quieting plaintiff’s title to certain real 'estate.

The complaint is in the usual form in actions to quiet title. It alleges that the plaintiff is the owner and in possession of the property and that the defendants, “without right, basis or foundation whatsoever,” claim “some right, title, interest or estate in and to said property adverse to the plaintiff.” The answer denies that the plaintiff is the owner or in possession of the property and, as separate defenses, alleges that W. J. Pearson, the husband of the plaintiff, is the owner of the property; that the property is the community property of the plaintiff and her husband, and that attachments have been duly levied upon said property in pending actions by defendants against said W. J. Pearson. In appellants’ opening brief it is said:

Plaintiff testified that she purchased the property in suit, giving some of the details of the purchases. There is no evidence to show that W. J. Pearson has any interest in the property or that it is community property. There was no attempt to show, nor was there any intimation, even in the evidence, that the plaintiff’s grantors…