Davis

This is an action to recover the possession or value of six hundred and ten sacks of barley, which were levied upon and sold by the defendant, as constable, to satisfy a judgment against one W. E. Davis, the husband of plaintiff. The plaintiff claims that the said barley was her separate property, and as such was not liable for the debts of her husband. The defendant denies that the barley was the separate property of the plaintiff and alleges that it was the'community property of herself and husband.

The case was tried hy the court without a jury, and the findings and judgment were in favor of the defendant. From that *365 judgment and an order denying a new trial the plaintiff appeals.

The .only question presented is, Was the finding that the barley was community property justified by the evidence?

Mr. and Mrs. Davis were married in 1892, and thereafter, up to the time of the trial, continued to live together as husband and wife. At the time of the marriage Mrs. Davis had no property, real or personal. In 1894 Mr. Davis was insolvent, and in the fall of that year Mrs. Davis thought she would engage in some farming business in her own name. To that end she leased certain land…