Bergman v. State

This is an action to quiet title to community real estate against the cloud of two judgments for costs which the state had previously obtained in a criminal prosecution of respondent’s husband. Trial before the court, without a jury, resulted in a decree removing the cloud and quieting the title. The state has appealed.

The facts are not in dispute. In so far as it is necessary to state them for the purpose of presenting the law question involved, they are as follows:

At all times herein mentioned, respondent and her husband, Charles B. Bergman, owned and held as community property, and…