Brode

From a judgment against her in an action to quiet title to an undivided one-half interest in certain real property, the plaintiff appeals.

The defendant is the surviving husband of one Eva Erode, deceased, and the plaintiff is E'va Erode’s daughter by- a former marriage. Eva Erode died intestate, leaving as her heirs only the plaintiff and the defendant. Her estate apparently was not administered upon. At the time of her death the record title to the property, which is the subject of the action, stood in the name of herself and her husband as tenants in common, having been conveyed by deed to them as joint grantees. The plaintiff claims that the property was in fact the separate property of her mother, so that she as her heir is the owner of a one-half interest therein. The defendant, on the other hand, claims that it was all community property, so that upon his wife’s death he became the absolute owner. The issue so presented is the primary issue in the case.

There is also a secondary issue turning on the validity or invalidity of a release of all her interest in her mother’s estate given by the plaintiff to the defendant shortly after her mother’s death. The plaintiff claims…