McCall v. McCall

BARNARD, P. J.

The plaintiff and the defendant, while living together as husband and wife, acquired several hundred acres of land in what is now Imperial County. On April 4, 1925, they entered into a partnership with two brothers of the defendant and their wives with the purpose of improving this land by setting out trees or vines thereon, and of subdividing and selling the same in parcels. The partnership agreement provided that the plaintiff and defendant should convey the land to a corporate trustee, to facilitate the making of deeds to parties purchasing portions thereof; that the other partners should furnish funds with which to care for the groves to be planted and with which to pay the costs of subdividing and other expenses; and that all proceeds, after paying the obligations of the partnership, should be applied as follows: (1) The other partners were first to receive all moneys advanced by them, without interest. (2) The plaintiff and defendant were next to receive $200 per acre for the land turned over to the partnership business. (3) All remaining profits realized were to be divided and one-third thereof paid to each couple, as joint tenants with the right of survivorship. In pursuance of this agreement, the land was deeded by the plaintiff and defendant to a corporate trustee which still holds the legal title. Part of the land was improved and some parcels were sold on contract, but it appears that in each case the buyer defaulted and the land went back. Subsequently, the defendant purchased, apparently with partnership funds, the partnership interests of his brothers and their respective wives and the corporate trustee is now holding title to the land in trust for the parties to this action.

This is an action for divorce on the ground of cruel and inhuman treatment. An interlocutory decree of divorce was entered in favor of the plaintiff and the court found, with reference to the property, that the parties are the owners of all the property which was formerly owned by the “McCall Brothers, a copartnership”; that this eopart

[94]

nership had been dissolved more than one year theretofore; and that all of the property owned' by the parties was acquired after their marriage and is community property. The court ordered the property divided equally between the parties, and' the plaintiff has appealed from that portion of the interlocutory decree which affects the property rights of the parties.