Jones

This is an action to partition real and personal property held by the parties under the record title of joint tenants. Defendant denied plaintiff’s title as to parcels hereinafter numbered 1, 2 and 5. Judgment was given in favor of plaintiff, partitioning all parcels of property described in the complaint except one parcel of farm land located in Imperial County (Parcel 5), as to which parcel defendant was adjudged the sole owner. Plaintiff appeals from the portion of the judgment awarding the single parcel of farm land located in Imperial County to defendant.

In general substance, the facts disclosed by the record before us are as follows: The property involved in this action consists of: 1. Twelve $1,000 Government Bonds having an apparent actual value of $9,384; 2. Lots 10 and 11, Block P. North Encinitas. This parcel had theretofore been sold for $7,000 with $2,000 down and a note and trust deed in the amount of $5,000 for the balance. Of this amount the balance unpaid at time of trial was $4,683. Some $600 in payments were also on hand for division between the parties. Of the $2,000 down payment there had already been divided between the parties the balance left after…