Fountain

Myrtle Fountain, as administratrix1 of the estate of her deceased mother, brought this action against her father, the defendant and respondent herein, to quiet title to certain real property. Judgment was entered for the defendant, and plaintiff appeals. It is conceded that the record title to the land stands in the name of the defendant, but appellant claims that the land was the separate property of her mother. If the property was community property, in the absence of testamentary disposition appellant herein has no right, title or interest therein. (Civ. Code, see. 1401.) No such disposition was made in this case.

The history of the property in question is substantially without conflict. The court found that respondent Maxim and Jane E. Musser, appellant’s intestate, “were married in Iowa in July, 1891, where they resided until 1911. . . . At the time of marriage defendant had about $250.00. That during said period said Jane Maxim inherited twenty-five acres from her father, Musser, and shortly thereafter she and defendant purchased about twenty-four acres from the other heirs of Musser, and mortgaged all of the premises to secure funds to pay for the purchased land. That…