McWhorter

This is an appeal from a decree partitioning real and personal property between joint tenants.

While the plaintiff and defendant were living together as husband and wife without the consummation of a marriage, they acquired by their joint efforts the real and personal property involved in this suit. March 16, 1921, for a valuable consideration two lots in Los Angeles, California, were conveyed to the parties to this action “as joint tenants.” A dwelling-house was afterward constructed on these lots, and the cost of the house and lots was paid for out of the joint earnings of the grantees. The ordinary articles of household furniture and equipment were also acquired and jointly used by them in the same manner, a list of which is enumerated in the decree. Dissensions arose between them, and they separated November 1, 1925. Upon the trial a judgment of partition was rendered and entered decreeing that each of the parties was entitled to an undivided one-half interest in both the real and the personal property, which was ordered to be sold and the proceeds to be distributed accordingly.

The chief contention of the appellant is that the evidence fails to support the findings of the…