What is the test for apportioning the proceeds of a sale of real property between the parties?

In Riley v. Turpin, 1956, 47 Cal.2d 152, 301 P.2d 834, a remainderman brought an action for partition of real property between himself and the life tenant. The property was sold at partition sale. In apportioning the proceeds of the sale between the parties the court followed sections 778 and 779 However, the case is of no value here for the reason that no request was made that the court follow section 781 nor was that section mentioned, the parties obviously agreeing to the court acting under the other sections.

2. Waiver.