Brown

In this action the appellant was awarded an interlocutory decree of divorce upon his cross-complaint alleging extreme cruelty. The decree of divorce is not attacked. The only questions presented for consideration relate to a certain agreement entered into between the parties after separation and prior to the institution of this action.

The appellant, in his cross-complaint, after alleging the grounds upon which the interlocutory decree in his favor was rendered, sets forth the agreement just mentioned and alleges that said agreement is void in that it does not con tain the written consent of the parties thereto to an immediate or other separation; that the written agreement attempts and purports to provide for the permanent support of the plaintiff by the defendant and to release the defendant and all of his property from any and all claims of inheritance and of marriage claims of plaintiff thereto, save and except that said agreement purports to provide a lien for the enforcement of these provisions for the support of the plaintiff, etc.

There is no allegation in the cross-complaint in reference to the agreement setting forth that the same was entered into either through…