Duncan v. Duncan

Motion to dismiss appeal. The action is one for divorce instituted by the husband. The wife answered and filed a cross-complaint asking that a divorce be granted her. The complaint alleged that two pieces of real estate standing of record in the name of the wife were community property, and asked for a decree so declaring. The answer claimed that all this property was the separate estate of the wife.

Findings were waived,- and the court made its interlocutory decree, adjudging that the defendant was entitled to a divorce from the plaintiff. It further adjudged that one of the parcels described…