Harvey

The parties hereto were the owners of a certain parcel of real estate situated in the city of El Monte. Respondents brought an ordinary partition suit to sever the common ownership. An answer was interposed by appellants and thereafter an interlocutory judgment was entered based upon an agreed statement of facts, determining the respective interests of the parties, that the property could be equitably divided according to the respective interests of the parties, without loss or damage to either of those interests, and appointing referees.

The matter was then continued to a day certain to receive the report of the referees, and thereafter respondents served notice of motion for the allowance of the final report of the referees and for allowance of attorney’s fees and costs.

The trial court heard the matter and entered its final judgment, awarding the property in accordance with the findings of the referees, and fixed the costs, referees’ fees and attorney’s fees, and found that the same were expended for the common benefit of the plaintiffs and defendants.

It is from that portion of the decree directing appellants to pay one-half of the attorney’s fees that this appeal is…