D'Arcy

Plaintiff and cross-defendant appeals from a judgment of separate maintenance rendered in an action originally brought by him for divorce.

Under the terms of the judgment appellant was denied a divorce; separate maintenance in favor of respondent and of the three minor children of the parties was decreed; the custody of the said children was awarded respondent; the appellant was directed to pay respondent $200 per month for the support and maintenance of respondent and said children; judgment was given respondent for $2,150 unpaid alimony; certain described community property (constituting all of the community) was awarded respondent; and appellant was required to pay all taxes assessed against the community real property, together with interest on the existing mortgage or deed of trust thereon, and the cost of renewing the same.

In reference to the payment of taxes and mortgage interest the judgment provides: “It being expressly understood that the provisions contained in this paragraph of the decree are made in conformity with the written agreement of the parties to the above entitled action, executed by them on the 22nd day of December, 1924.”

Findings were waived.

It is…