Murray

From the evidence in this case we infer that the action was commenced on November 21, 1911. An amended complaint based on a charge of adultery was filed on February 14, 1912. In that complaint no reference was made to property interests of the parties. On April 8, 1912, the cause came on for hearing upon default of the defendant. Thereafter, on October 4, 1912, an interlocutory judgment was signed by Hon. Charles Monroe, the judge of the superior court who had heard the evidence in April. This decree, entered on October 7, 1912, contained no reference to the property interests of the parties. On April 19, 1912, the plaintiff filed a supplemental complaint describing certain property acquired by the parties by their joint efforts since their marriage, and praying that such portion of the community property be allowed and set apart to plaintiff as her separate property for her support and for the support of the minor children, as should be found equitable and just. In answer to the supplemental complaint the defendant set up a certain contract in writing entered into between plaintiff and defendant on or about December 4, 1911, agreeing upon a division of said property and…