Kirsch

Appeal from an order made November 2, 1893, granting respondent a writ of assistance to recover possession of certain real property.

Appellant and respondent had been wife and husband. Appellant sued her husband in divorce, claiming a piece of real property, title to which stood in her name as her separate property. The husband answered and cross-complained, charging his wife with adultery, and declaring the land in question to be the property of the community.

He was granted a divorce by judgment and decree entered March 18, 1887. It was also decreed that the property in question was community property, and in making disposition thereof, the court awarded it to the husband, “the same to belong to him absolutely, and to be his sole and separate property, free from any claim by or of the plaintiff.”

The judgment proceeds: “And it is further ordered that the defendant pay to plaintiff herein, or to her at *60 torney, within sixty days from the date of the entry of this decree, the sum of five hundred dollars in cash in United States gold coin; provided, nevertheless, that the said plaintiff shall and does, within that time, execute and deliver to the defendant or his attorney a…