California Court of Appeal June 4, 1959, Civ. No. 9521 (Moody v. Moody)

WARNE, J. pro tem.*

This is an appeal from an interlocutory decree in an action for partition.

At the time of filing this action the record shows that the parties were husband and wife. However in March, 1956, the wife (appellant) commenced an action for divorce, and the husband (respondent herein) answered and also cross-complained for divorce.