Sting v. Beckham

GRIFFIN, J.

This is an action for partition of approximately 60 acres of unimproved land near Banning, jointly owned by plaintiff Emily J. Sting and defendant Mary Beck-ham. The only improvements on the land are a water well, a pump over which there exists a shed constructed by defendant Beckham and a 4-inch water pipe line running about 1,600 feet from the pump, across the real property, to a rock plant on adjacent land separately owned by defendant Beckham.

[824]

The court found that the only interest plaintiff had was an undivided one-half interest in the real property and well thereon. The water from the well had been used by defendant at the rock plant for many years and it was necessary to use all the water produced in the operation of the plant.

Plaintiff brought this action for partition and division of the premises and if partition could not be had without material injury, then for a sale thereof and division of the proceeds and for an accounting for the value of the water used by defendant. Plaintiff claimed to be part owner in the pump, pipe lines, machinery and equipment used in connection with the well, but this issue was decided against her.

After trial the court found that plaintiff is entitled to have said real property partitioned; that partition thereof cannot be made without prejudice to the owners; and that a referee should be appointed to make the sale of said property, and accordingly ordered the sale.

The narrow question raised on this appeal is whether there is sufficient evidence to support the trial court’s conclusion and finding that the property should be sold because partition in kind could not be had without great prejudice to the parties.

Counsel for plaintiff concedes defendant’s argument, which is supported by such authorities as

East Shore Co.

v.

Richmond Belt Ry.,

172 Cal. 174 [155 P. 999] ;

Mitchell

v.