Mitchell v. Superior Court

THE COURT.

Petitioner has pending in the superior court an action for the partition of real property. Trial was had for two days.

While plaintiff was married to defendant, the property was acquired as community property. In 1931 petitioner was granted a divorce from defendant in the State of Texas. Texas, of course, could not adjudicate title to California real property. Defendant as minister of a church uses the property, which is improved with a church building, without paying anything to petitioner.

Petitioner contends that the court should have partitioned the property, either in kind, or by…