Heck

This is an appeal from an interlocutory judgment in a divorce action in which it was decreed that Rose Heck, whom we will refer to as the defendant, was entitled to a divorce from O. O. Heck on the ground of extreme cruelty, and dividing the community property of those parties, awarding her $5,800 additional attorneys’ fees and $686.97 additional auditor’s fees.

Plaintiff concedes that the evidence was sufficient to support the judgment for divorce and no question is raised on this phase of the case. He attacks the portion of the decree dividing the community property and awarding the additional attorneys’ and auditor’s fees.

Plaintiff and E. P. Heck, his brother, were partners doing business under the name of Heck Bros. Prior to the marriage of plaintiff and defendant in March, 1925, the brothers owned 3,000 acres of farming land in Kings County, besides warehouses and personal property. While the title to the land was placed in the names of the individual partners it was a partnership asset (Swarthout v. Gentry, 62 Cal.App.2d 68 [144 P.2d 38]), and plaintiff’s interest was his separate property. At that time the partnership indebtedness amounted to about $220,000. For the next…