Green

This is an appeal from a decree in a partition suit brought against appellee by appellant, formerly appellee’s wife. The decree denied the wife any relief and she appeals. The wife sought to partition a five acre tract of land, now producing oil, but which at the times pertinent to the decision was planted to oranges, and is hereinafter called the orange land. The bill alleged that the orange land had been theif *242 community property and that the decree divorcing them, on the ground of wilful desertion, and purporting to distribute to her a one-third common interest, was void, since, the wife claims, the court, under paragraph “two” of section 146 of the Civil Code of California, had jurisdiction only to award her a one-half interest. That section reads:

Ҥ 146. Disposition of community property and homestead on divorce.

“ * * ' * * * *

“Two. If the decree be rendered on any other ground than that of adultery or extreme cruelty, the community property shall be equally divided between the parties.

«£ * * * t-

Subsequent to the distribution, the oil had been discovered and developed by the lessee of a lease, still extant, given by both parties. The division of the royalties…