Flores

Plaintiff brought this action in equity, asserting that he was the owner of a one-half interest, which he held in common with the defendant, who owned thé remaining interest, in certain real property which was described in his complaint. He further alleged that income in the way of rentals had been collected by the defendant, who had failed to make accounting to him for any part thereof. His prayer was for partition of the property according to the interests of the parties, and for a share of the rentals and profits as the same might appear to be due him. The allegations of the complaint were sufficient in form and substance to authorize a judgment for the relief demanded. The action was tried, findings and judgment were made in favor of the defendant, and plaintiff has appealed.

To establish his interest in the land, plaintiff offered in evidence two documents, both of which were in practically identical terms, except that one was dated on the 15th of June, 1917, and the second on the 16th of July, 1917. Each purported to transfer to the plaintiff a twenty-five per cent interest in the property referred to therein, and the description of the property affected in both instruments…