Taylor V. Taylor

In this action for divorce on the ground of cruelty the court found the cruelties to have been committed but annulled the marriage for the reason that respondent had a living husband at the time of her union with defendant as alleged in the cross-complaint. In his pleading defendant demanded as further affirmative relief the cancellation of a deed whereby he had vested his two properties in respondent and himself as joint tenants. This appeal is from the whole of the judgment. The principal assignment of error is the court's refusal to set aside the joint tenancy deed. In support thereof he makes three contentions, namely: (1) it was obtained by fraud, (2) it was made under the mistaken belief that plaintiff was his legal wife and would continue to abide with him and (3) it was supported by no consideration. He also assigns as errors the award of attorney's fees and the filing of findings on the complaint.