MacDonald

This is an appeal from a judgment in favor of plaintiffs in an action for the partition of certain premises consisting of twenty-five acres, known as the Bernal tract, in the city and county of San Francisco.

Upon the trial of the cause an interlocutory decree of partition was entered, by the terms of which one Frank A. Dwyer was appointed sole referee to make partition of the property. Said referee proceeded with his work, and presently filed his report, wherein he made certain valuations of the lands embraced in the tract, and recommended the partition of the property among the parties to the action in accordance with such valuations. The appellants filed their objections to the said report of the referee, and the court set the same for hearing and took evidence thereon, after which the court filed its final decree, in which the referee’s proposed partition of the premises was not approved or adopted in full, but was modified to conform to the views of the court arrived at upon the hearing thereon; and the court in its final decree made a different award and partition of the property than that recommended by the referee.

The only contention of the appellants which the court is…