Myrtle Fountain v. Maxim

THE COURT.

Myrtle Fountain, as administratrix1 of the estate of her deceased mother, brought this action against her father, the defendant and respondent herein, to quiet title to certain real property. Judgment was entered for the defendant, and plaintiff appeals. It is conceded that the record title to the land stands in the name of the defendant, but appellant claims that the land was the separate property of her mother. If the property was community property, in the absence of testamentary disposition appellant herein has no right, title or interest therein. (Civ. Code, see. 1401.) No such…