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between the two purchasers and as, under this title, the
plaintiff and the defendant are the cowners of the said
land, the partition or division of such property held in joint
tenancy must of course be allowed, and the present
possessor of the land has no right to deny the plaintiff's
claim on grounds or reasons unsupported by proof.
The circumstance of the plaintiff's inability to present
any document whatever to prove that he and the defendant
did actually purchase jointly the land in litigation can not
be a successful defense in the action for partition,
notwithstanding the provision contained in paragraph 5 of
section 335 of the Code of Civil Procedure, inasmuch as the
trial record discloses that testimony was adduced,
unobjected to on the part of the defendant, to prove that
the purchase was actually made by both litigants of the
land in question from its original owner, Luis Ganong
furthermore, it was proved that after the contract was
made the deed of sale was not drawn up on account of the
opposition of the de
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