Gunn

Plaintiff sued for the partition and sale of certain real property. The cause was tried before the court, which made findings and entered an interlocutory decree for plaintiff. From this decree the defendant has appealed on typewritten transcripts.

The complaint alleged that plaintiff and defendant John W. Gunn “are each the owners of an undivided one-half interest in the property described.” The answer of defendant Gunn denied this allegation. On the trial this defendant’s deed of conveyance was received in evidence. The deed conveyed to the plaintiff herein an undivided one-half interest in the property. The trial court found the allegation of the complaint true and ordered judgment for plaintiff.

By reason of his denials in his answer and his failure to assert any claim of interest in the property the appellant is not a party aggrieved by the decree and is therefore not entitled to urge any of his contentions on this appeal. (Ritzman v. Ritzman, 190 Cal. 505 -507 [ 213 Pac. 493 ].)

Respondent’s plea of ownership of an undivided one-half interest was equal to an averment of title in fee. (Directors F. I. Dist. v. Abila, 106 Cal. 355, 363 [ 39 Pac. 794 ].) Every estate of…