Curtis

This is an appeal from a final judgment in favor of defendants, and from an order of the court denying the motion of plaintiff for a new trial,

Plaintiff is the widow of Weeden Underwood, who since the death of the latter has intermarried with one J. F. Curtis. Plaintiff and said Weeden Underwood were married September 21, 1880. Weeden Underwood *665 died October 3,1885, leaving surviving him as heirs the plaintiff and the minor child, Abbie M. Underwood, the defendant herein.

The object of the action is to quiet the title of plaintiff to an undivided one-half of all the interest of Weeden Underwood in and to the land and premises described in the complaint, upon the theory that it was the community property of herself and of her deceased husband, the said Weeden Underwood, to the one-half interest in which she succeeded upon his death.

The answer denies all right and title of plaintiff in and to the property; as to a portion thereof pleads title in the infant defendant acquired by her since the death of her father, and as to the residue avers it to have been the separate property of Weeden Underwood; that he died testate, and that by his last will said property was devised to…