III. That since the commencement of said partnership business the defendant has from time to time used for his individual use and benefit large sums of money from the receipts and profits of said partnership business, exceeding the proportion thereof to which he was entitled, and has refused and still refuses to account with the plaintiff for the same, although plaintiff has requested of the defendant that such accounting be had; IV. That as plaintiff is informed and believes, the defendant has received about the sum of dollars over and above his just proportion of the copartnership profits, and that he continues to collect the debts due the copartnership and appropriate the money so collected to his individual use. WHEREFORE plaintiff demands judgment against defendant that said copartnership be dissolved, that an account be taken of the affairs of said copartnership, that a receiver be appointed to take possession of the property and assets of the partnership, and to sell the property of said partnership, and collect the debts due said partnership, and out of the money so realized that he pay the expenses of the receivership, the debts of said partnership, and that the residue, if any, be divided between plaintiff and defendant, according to their respective interests, and for such other and further relief as the equity of the case may warrant, and for plaintiff's costs of suit. GH, Attorney for Plaintiff. FORM NO. 81. ACTION FOR PARTITION OF PROPERTY. [Name of Court.] Plaintiff complains and alleges: I. That plaintiff and the defendants [name defendants who are owners in fee] own in fee and possess as tenants in common, real property which is described as [describe the real property] and that plaintiff is desirous of a partition of the same; II. That the plaintiff is the owner in fee of an estate in said real property of an undivided one-fourth part thereof, and that the defendant [cotenant as owner in fee] is the owner in fee of an estate therein, namely: of an undivided part in the fee thereof; [and state in like manner the ownership of each of the cotenants who are the owners as tenants in common with plaintiff, of the fee of such real property.] That the defendant III. is the owner under a lease for the term of five years, of an undivided portion of said real property, so owned by the defendant; That the defendant IV. holds a judgment, duly given and made on the day of, by the Superior Court of the state of California in the county of for against the defendant dollars, and said judgment was entered and docketed the same day, and remains unpaid, and unsatisfied of record; record, upon the said estate and interest of the defendant in Isaid land for dollars, payable on the interest thereon from the per cent. per annum. day of, with day of -, at the rate of WHEREFORE plaintiff demands judgment that the respective interests of the parties to this action in said real property be adjudged and determined by the court, and that a partition and division of said premises be made according to the respective rights of said parties, or if a partition of said real property cannot be made without material injury to such rights, then for a sale of said premises, and a division of the proceeds among the parties according to their respective rights, after the payment from the proceeds of sale of the costs of this action, and for such other or further relief as the equity of the case may warrant. G H, Attorney for Plaintiff. In most of the states the action of partition is regulated by statute, and the provisions of such statute must be complied with in the pleadings and proceedings. FORM NO. 82. COMPLAINT IN AN ACTION TO QUIET TITLE. [Name of Court.] Plaintiff complains and alleges: I. That plaintiff is, and for many years last past, has been, the owner in fee of a tract of land in the county of state of California, described as; [describe it.] II. in the That the defendant C D claims to be the owner of said land, but such claim is invalid, and by reason of said claim of said C D plaintiff's title to said land is clouded, and the value of said land to plaintiff is depreciated. WHEREFORE plaintiff demands judgment that defendant's claim of title to said land is invalid, that plaintiff is the owner of said land, and that said defendant has no title thereto; that plaintiff's title to said land be quieted against the defendant and against all claim of defendant to said land, and for such other or further relief as the equity of the case may warrant, and for plaintiff's costs of suit. That plaintiff has been a resident of the state of California continuously for more than one year next prior to the commencement of this action, and a resident of said county of continuously for more than three months next prior to the commencement of this action; III. That the defendant without any connivance on the part of the plaintiff and without the consent of or collusion with plaintiff, committed adultery with one E F on or about the day of in the city of — -, California, and at other times and about the same time committed adultery in said city of with said E F, and plaintiff has never condoned said offenses nor any of them; (Other causes for a divorce may be alleged in the complaint, but such causes for a divorce must be separately stated, and the marriage and jurisdictional facts of residence must be stated in each cause for a divorce alleged in the complaint.) IV. That plaintiff and defendant have acquired, since their marriage, property which is their community property, and the defendant has concealed from plaintiff a part of such community property, and plaintiff is unable to give a description of the same; that the following is a description of the community property of plaintiff and defendant of which plaintiff has knowledge: [describe such property.] V. That children have been born to plaintiff and defendant since their said marriage and the names and ages of the children so born, who are now surviving, are [state the names and ages of such children] and the children so surviving, who are minors, reside with plaintiff, and plaintiff is a fit and proper person to have the custody of such minors, and to care for their maintenance and education; VI. That plaintiff has no separate property, and cannot pay the reasonable fee of her attorney in this action or the costs of the action or for her maintenance and support or for the maintenance and support of said minor children during the pendency of the action; VII. That defendant is the owner of a large amount of property, which is his separate property from which he derives net income of not less than dollars each year. WHEREFORE plaintiff asks for an order of court that the defendant pay to her a reasonable amount to be fixed by the court, for the fee of her attorney in this action, for her costs in this action, and for the support of herself and of said minor children during the pendency of the action, and plaintiff demands judgment that the marriage between plaintiff and defendant be dissolved, that an accounting be had of the community property of plaintiff and defendant and that the same be divided between them in such a manner as may be just and equitable; that defendant pay to her, each month, after the dissolution of said marriage such sum for her maintenance and that of said minor children as to the court may seem reasonable and just, and for such other and further relief as the equity of the case may warrant, and for costs of suit. G H, Attorney for Plaintiff. FORM NO. 84. COMPLAINT AGAINST DEFENDANT FOR DAMAGES TO LAND AND CROPS CAUSED BY OVERFLOW OF WATER. [Name of Court.] Plaintiff complains and alleges: I. That at the times hereinafter mentioned plaintiff was the owner and possessed of real property described as [describe it.] II. That at said times the defendant was the owner and possessed of another tract of land described as [describe it], and said land of plaintiff was and is in the vicinity of said. land of defendant; III. That said land of defendant was and is lower than said land of plaintiff, and in times of high water a large quantity of water, until the wrongs and injuries hereinafter mentioned, flowed over |