Taliaferro

Appellant Taliaferro appeals from a judgment in a condemnation action which determined that the proceeds ($416.67) of Lot 1, Block 110, Richmond Annex Addition, should be divided equally between appellant and his former wife, respondent Davis [sued herein as Dorothy Taliaferro], The judgment is based upon a finding that the parties acquired the property during their marriage, by a grant deed dated October 7, 1936, and that it was acquired with community funds. The court also found that respondent conveyed her interest in the property to appellant in 1951, but that the conveyance was by way of mortgage to secure a loan of $65. The judgment, however, makes no allowance for this obligation. At oral argument, counsel for respondent conceded that the judgment should have provided for a deduction of that amount from respondent’s share.

Appellant claims error in that (1) the evidence does not support the judgment; (2) appellant acquired the entire title to the property by purchasing it from the state, to which it had been conveyed for delinquent taxes; (3) respondent’s testimony should not have been believed; (4) the property was not affected by a property settlement agreement between…