Stalder

This is an appeal from that portion of the interlocutory decree entered in an action for divorce, instituted by Florence Stalder, which relates to the community property. The complaint alleged there was no community property. By answer and cross-complaint, joining as a cross-defendant Margaret Sweeney, the daughter of the plaintiff by a former marriage, the defendant asked for a decree of divorce on the ground of extreme cruelty of the plaintiff and alleged the existence of community property in the amount of $10,000, consisting of cash in the bank, an automobile and household furniture in an apartment house at 820 Ashbury Street, San Francisco, and a one-half interest in the apartment house itself, which stands in the name of Margaret Sweeney, the transfer from the plaintiff to her being alleged to have been without consideration and in fraud of creditors. It is further alleged by defendant that about $9,000 belonging to the community, the returns from the “furnished apartment house business” run by both himself and his wife, were invested in the apartment house in repairs, improvements and the reduction of encumbrances thereon with the knowledge of the cross-defendant and he…