Dennis J. Britt, Trustee of Frank James Damson, Bankrupt v. Alice J. Damson

HAMLEY, Circuit Judge.

Dennis J. Britt, trustee of Frank James Damson, bankrupt, brought this suit against the bankrupt’s former wife, Alice J. Damson, to obtain title and possession of community property which had been awarded to her in the divorce proceedings. The trustee asked, in the alternative, that such property be declared the subject of an equitable lien in favor of the trustee. Cross motions for summary judgment were made. Summary judgment was entered for Mrs. Damson, and the trustee appeals.

Damson and his wife, residents of the State of Washington, were married on September 7, 1947,…