rehearing">

On Rehearing

WARNER, J.

Respondent has filed a petition for rehearing in which she represents that this court erred in applying the provisions of § 9-912, O.C.L.A., as it was before the 1947 amendment (c. 557, Or. Laws, 1947). Our first *342opinion in this matter (180 Or. 62, 174 P. 2d 179) was rendered December 20, 1946 before the enactment of the amendment referred to. Under our holding then made the defendant, as the prevailing party in the divorce, was given an undivided one-third in fee of all the real estate owned by the plaintiff as of the time of the decree directed by the Mandate. The cause was remanded for further proceedings, and the decree was not entered until September 7, 1949. Subsequent to the date of our opinion in the first appeal and the entry of the decree from which the second appeal was taken, § 9-912 was amended in 1947 and now reads as follows:

“Whenever a marriage shall be dissolved or annulled, the party on whose prayer the decree shall be given and made thereby shall be awarded in his or her individual right such undivided interest in, or in severalty, such part or parts of the whole of, the real property or personal property, or both, or right, interest or estate in either or both thereof, owned by the other at the time of such decree, as may be just and proper in all the circumstances, in addition to the further decree for maintenance provided for in section 9-914. ’’

In Siebert v. Siebert, 184 Or. 496, 199 P. 2d 659, we held that the 1947 amendment, having taken effect after the institution of that suit and before the entry of the decree therein, would govern the allowance of alimony and the award of property or property rights to the party on whose prayer the decree of divorce was granted.

In our opinion in the instant appeal we did not overlook § 9-912 as amended in 1947 nor our holding in Siebert v. Siebert, supra, and our conclusions were controlled thereby. In the exercise of the authority and *343discretion accorded by the amendment, we were of the opinion that in the light of the entire record an award to defendant of an undivided one-third interest in all real property owned by the plaintiff at the time of the decree was just and proper.

The petition for rehearing is therefore denied. Appellant has also petitioned for a rehearing, which is denied.

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