Taliaferro

This is an appeal from an adverse judgment in an action in which appellant attempted to quiet title to certain real property against any claim or interest of respondent, his former wife.

In 1932, the wife secured an interlocutory decree of divorce in the San Francisco superior court. No final was entered and apparently the wife abandoned the action. Eleven years later, she commenced a second divorce action in Contra Costa County. The parties entered into a property settlement agreement and interlocutory and final decrees were thereafter entered, the final in January, 1945. Nearly 10 years after that, December 20, 1954, appellant without notice to respondent had a final decree entered nunc pro tunc as of July 8, 1933 in the San Francisco action.

In her complaint in the San Francisco action of 1932, respondent wife had alleged that there was no community property. In the present quiet title action, respondent wife answered by alleging a claim and an interest in the property described in the complaint and affirmatively alleged the 1943 property settlement agreement executed in connection with the Contra Costa County divorce of 1945. Appellant filed a motion for judgment on the…