Laws

This action was brought by plaintiff Southern California Title Clearing Company, a partnership, for declaratory relief and partition.

Plaintiff is the owner of an undivided five-sixths, and defendant Hazel K. Laws owns the other one-sixth of the fee in a lot which is subject to a community oil and gas lease. Defendant Albert Stevenson has, by assignment, acquired the original lessee’s interest.

The purpose of the action is to partition the fee, as between plaintiff and Laws, and to declare the lease terminated upon the alleged ground that oil and gas are no longer being produced in paying quantities. The judgment of the trial court, entered January 12, 1967, declared (a) that plaintiff was entitled to partition against Laws, and (b) the lease is in full force and effect.

On May 3, 1967, there was entered an “interlocutory judgment directing sale of real property and appointment of referee.”

On March 8, 1967, plaintiff filed a notice of appeal whereby it appealed from the whole of the judgment “entered January 9th, 1967,” and from the order made on February 28, 1967, denying plaintiff’s motion to vacate the judgment under Code of Civil Procedure section 663.

We deem…