Robinson

This is an appeal from an interlocutory judgment ordering the partition and sale of real property. This is the third action between appellant and respondent. The first was an action for divorce. After a trial at which both parties were represented by counsel, the court granted an interlocutory decree of divorce in favor of respondent and adjudged certain real property standing in the name of appellant to be community property and awarded an undivided one-half interest therein to each party. An appeal taken from that judgment was dismissed for failure to prosecute on May 26,1959. A final judgment of divorce was entered November 3, 1959, and no appeal was taken therefrom.

The second action was brought by appellant to set aside the interlocutory decree of divorce on the allegation that it was based upon false testimony. That action was dismissed after a demurrer to the complaint had been sustained, and the judgment of dismissal was affirmed on appeal. (Robinson v. Robinson, 198 Cal.App.2d 193 [ 17 Cal.Rptr. 786 ].)

This, the third action, was brought by respondent to partition the real property which the divorce decree had awarded to the parties in equal undivided shares.…