Paduveris

Defendant appeals from a judgment for plaintiff in an action to quiet title to a lot in the city of Oakland. The parties were formerly husband and wife, and had resided upon the property to which the action relates until their separation. Defendant denied that her claim of interest was without right and alleged that said property was community property of herself and her former husband; that neither the interlocutory nor final decree of divorce entered in the action commenced by her in April, 1917, made any provision for the distribution of the community property; and that no settlement of her community interest had ever been made. She prayed that the court decree the extent of her interest and make such settlement thereof as it should deem proper.

Upon the trial of the action herein plaintiff introduced in evidence a deed of said property from his wife to himself and testified that said deed was signed by his wife in his presence in July, 1917, which was after she had filed suit for divorce, and immediately delivered to him. It was not acknowledged and had ' never been recorded. Defendant denied having signed said deed or any other instrument transferring her community interest…