Padgett

Plaintiff-appellant brought this action against defendant-respondent, his former wife, to set aside an interlocutory and final decree of divorce and a property settlement agreement claimed to have been obtained by his wife through fraud. A demurrer to the second amended complaint was sustained without leave to amend. A judgment of dismissal followed.

On September 5, 1958, Frances Padgett brought an action for divorce against her husband, Joe Padgett, on the ground of extreme mental cruelty. A general property settlement agreement was prepared by the wife’s attorney and the husband signed it. It provided, among other things, that the wife was to have as her community property their home, a checking account in the sum oí $1,700, etc., and the husband was to have a Chevrolet car, a savings account in the sum of $1,000, and that they would share and share alike in certain stocks and that the husband would pay $100 per month for his wife’s support until further order of the court and $50 per month for support of the minor child, 8 years of age, whose custody was awarded to the mother. This agreement was to be made a part of the decree of divorce, if any was ever obtained. After…