Conley v. Apablasa

WOOD, J.

Maria A. Conley has appealed from a ñnal decree entered in an action to partition certain real property

[566]

by which the rights of the parties were determined and by which the distribution of funds received from the sale of such property was ordered. Gerald E. Arbuckle has attempted to appeal from a minute order granting in part his petition for adjustment of rents. Four other appeals from various decrees made during the course of the partition proceeding have been dismissed pursuant to the stipulation of the parties.

The facts which are material to the determination of the present controversy are as follows. In 1929 Concepcion A. Sepulveda, who was the owner of six separate parcels of real property, conveyed an undivided one-half interest in four of the parcels to her six children. In 1931 she died intestate and probate proceedings, which are still pending, were commenced. The present partition action was filed in 1936 by Maria A. Conley against the administrator of the estate of Sepulveda and all other cotenants of such real property. Prior to the trial of the partition suit the probate court entered a decree in the estate proceedings ordering partial distribution of an undivided 2/21 interest in two of the six parcels of land to Maria A. Conley. Subsequently in the course of partition proceeding all of the parcels of real property were duly sold to appellant Gerald E. Arbuckle. The court in the partition action directed that the share of the proceeds of the sale belonging to cotenants whose interests were still subject to administration should be paid to the administrator of the estate, after deducting therefrom the proportionate share of the costs of the partition proceeding.

In its interlocutory decree the court determined the fractional interests representing the respective shares of the various claimants to the proceeds of the sale of the real property. So far as is here material the final decree from which Maria A. Conley has appealed provided that the sum of $1240.01 should be paid to her as her share of the balance of the funds then on deposit in the court and that the sum of $1210.57 should be paid to the administrator of the estate of Sepulveda. Her motion for a new trial and motion to vacate the judgment were both denied.