Roark

In. April, 1920, the plaintiff and the defendant Daniel A. Deacon purchased an apartment house, containing twelve apartments, in the city of San Diego. Title was taken in Deacon’s name with the understanding and agreement that he would convey a one-half interest in the property to the plaintiff upon payment by the latter of a specified part of the purchase price of the property. At the time of the trial Deacon was the owner of a one-fourth interest in the property as tenant in common with his divorced wife, who owned a one-fourth interest, and the plaintiff, who owned a one-half interest, subject to an indebtedness of $6,500. The case was tried on issues raised by Deacon’s cross-complaint and the plaintiff’s answer thereto.

The prayer of the cross-complaint is for a judgment determining the rights if the parties in the property, adjudging that the plaintiff’s rights therein are subject to an indebtedness of $6,500, partitioning the property and settling the accounts between the parties. By a supplemental cross-complaint Deacon alleged that “at all times since the first of May, 1926, cross-defendant A. T. Roark has been in sole possession” of eight of the apartments and “has held…