Gott

This is an action for the partition and sale of real property held by plaintiff (wife) and defendant (husband) as joint tenants. (The action was commenced while divorce proceedings were pending. Final judgment was entered in the divorce proceedings, and no disposition was made therein with reference to the real property.) Defendant cross-complained to quiet title in the property. In a non jury trial, the court found that the property was purchased with separate funds of the defendant; that the property was placed in joint tenancy for convenience and by reason of duress on the part of plaintiff; and that defendant did not intend to make a gift to plaintiff of any of his separate property. Plaintiff appeals from the judgment that plaintiff take nothing by her complaint and that defendant have title to the property.

Appellant contends that the evidence does not support the finding that defendant did not intend to make a gift to plaintiff of his separate property or the finding that the property was placd in joint tenancy by reason of duress on behalf of the plaintiff.

Plaintiff and defendant were married in 1950, and they have a daughter. There was much discord in the marriage, and…