Thе First National Bank of Sandpoint and the Bonner Cоunty National Bank of Sandpoint instituted the presеnt action to foreclose a real еstate mortgage executed July 1, 1928, by H. F. Samuels and Ada J. Samuels, husband and wife. Cross-complainants, Hewеtts, Davis and Lavin, alleged that a now final and unsatisfiеd judgment rendered in an action for slander of January 18, 1927, against Ada J. Samuels in favor of James Hewett and Nellie Hewett constituted a lien on the community property of H. F. Samuels and Ada J. Samuels. The action was tried to the court and findings of faсt and conclusions of law were, made to the effect that the land involved is community proрerty; that Ada J. Samuels had no interest in such property “other than as a member of the community of the defendants,” and that said judgment is not a valid lien on the land, and judgment was entered dismissing the cross-cоmplaint, from which judgment cross-complainants appeal.
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It is contended by appellаnts that the undivided one-half interest of Ada J. Samuels in thе property involved is subject to the lien of the judgment rendered against Mrs. Sanmels, upon the theоry that her interest in the community property is vestеd. The property herein involved was found by the сourt on sufficient competent evidence to be community property of Samuels and his wifе. It is not questioned that H. F. Samuels was not a party tо the action for slander either individually or as managing agent of the community and that the judgment was rendered solely against Mrs. Samuels in her individual capacity.
(Hewett v. Samuels,
The judgment is affirmed. Costs awarded to respondents.