Heber

Plaintiff appeals from a summary judgment in favor of defendant directing she take nothing by virtue of her amended complaint for partition and an accounting.

Plaintiff and defendant were joint owners of a life estate in three parcels of real property. Defendant also was the owner *261 of the remainder estate in these parcels. Vesting of the aforesaid interests occurred by an agreement between the parties dated Aug. 10, 1944. Thereafter plaintiff, whose name then was Steeve, brought an action against defendant for declaratory relief and for an accounting. A judgment was entered therein which, among other things, decreed plaintiff was vested with a life estate in an undivided one-half interest in the property, and settled an accounting between the parties. Defendant appealed. The judgment was affirmed by this court (Steeve v. Yaeger, 145 Cal.App.2d 455 [ 302 P.2d 704 ].)

From the briefs and the record before us it appears that following affirmance of the judgment defendant has been in possession of the property; has operated it; and has made payments to plaintiff from its proceeds. One of the parcels is known as the “Citrus Ranch Property.” In 1958, during pending litigation for…