Fulkerson

The defendants appeal from a judgment and from an order denying their motion for a new trial.

The complaint purports to state a cause of action in favor of James F. Fulkerson to quiet title to land claimed as community property, but standing in the name of Fannie L. Fulkerson, who is the wife of James. A general demurrer to the complaint was overruled and this ruling is assigned as error. The- complaint alleges that James F. Fulkerson is the owner of the land; that it was purchased by him in February, 1907, after his marriage with Fannie L. Fulkerson, that it was paid for with community funds, that the title thereto was taken in the name of his wife, but that he did not intend thereby to make a gift, thereof to his wife and did not in fact make such gift, and that the title was so placed “merely for the purpose of pleasing his wife.” It appears from the complaint that the defendants held judgment liens against the property of the wife, upon one of which an execution had been issued which, at the time the action was begun, had been levied upon the land in question. The defendants contend that the facts alleged, as above stated, show that the land was conveyed to the wife as a gift…