Brown

Brown v. Butler

Good Law
1934 Cal. App. LEXIS 1131·3 Cal. App. 2d 11·39 P.2d 244
Court of Appeal of CaliforniaDecember 11, 1934Civ. 5259California2,539 words

Opinion

Opinion

Plummer, J.

This cause is before us upon the plaintiff’s appeal from a judgment of dismissal entered after granting motions to dismiss and sustaining demurrers interposed by the defendants to the plaintiff’s complaint without leave to amend.

The record shows that the plaintiff and Cooley Butler intermarried in the state of Minnesota, on or about the twelfth day of August, 1900, and thereafter continued to be husband and wife until on or about the nineteenth day of May, 1923, when a decree of divorce was entered in the Second Judicial District Court of the State of Nevada, purporting to dissolve the marriage relation then and theretofore existing between the plaintiff and the said Cooley Butler. Preceding the entry of this decree, an agreement was entered into between the plaintiff and the defendant Cooley Butler, purporting to settle, all and singular, their property rights, making provision for the appellant by setting over to her, together with advances theretofore previously made, property of the value of approximately $220,000. The agreement also provides for the dismissal of a certain action for the sum of $80,000, begun by the plaintiff against the defendant Cooley Butler. The…

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