Crudo

This is an appeal hy defendant from an interlocutory decree of divorce in favor of the plaintiff. The appeal is upon the judgment-roll alone.

It is claimed on behalf of appellant that the court erred in not ordering a division of the community property. The court found as a fact that there was no community property. The only evidence of such property is an agreement of settlement of the property rights of the parties to this action made and executed by them on April 17, 1922, wherein it is recited “That whereas an immediate separation has become necessary between the parties hereto, man and wife; now, therefore, in order to finally adjust and settle all property disputes and mutual rights and maintenance and support, the parties hereto do hereby covenant and agree one with the other”; further provisions of the agreement conveyed to the defendant herein certain parcels of real property and specific articles of personal property, including some cash “to be taken and received by her as her own separate property.” There is a further provision of the agreement by the terms of which real and personal property is conveyed to the plaintiff “to be taken and received by him as his separate…