Cohen

Cohen, brought this action to partition certain real property under the provisions of section 752 et seq. of the Code of Civil Procedure. Plaintiff also sought an accounting. At the time of the commencement of this action, plaintiff and the defendants, Richard Karubian and Touba Karubian, (hereafter referred to as “Karubians”) were the owners as tenants in common of the fee interest in the real property described in the complaint; title being held by said parties as tenants in common with plaintiff holding a 50 percent interest and defendants a 50 percent interest.

The property in question was acquired on April 1, 1963, by grant deed from codefendants Lonis J. Johannsen and Gwendolyn H. Johannsen by execution of a promissory note in the principal sum of $196,000. As security for the note, a purchase money trust deed was executed naming Security Title Insurance Company, as trustee, in favor of the Johannsens, as beneficiaries.

Subsequent to the filing of the complaint, but prior to trial of the action plaintiff Cohen and his wife executed a grant deed to Mehdi Cohen and Albert Cohen as joint tenants.

On January 18, 1968, the trial court issued its interlocutory judgment for sale…