Wilson

An appeal from an interlocutory decree of divorce.

Plaintiff charged defendant with adultery committed with two persons named in his complaint, and also with extreme cruelty. Defendant denied the charges, and as a separate defense alleged condonation, and also by way of cross-complaint charged the plaintiff with extreme cruelty toward her. There was also in issue the validity of an agreement settling their property rights.

The trial court found the complaint to be true and the allegations of the answer and cross-complaint to be untrue. It also found the said agreement to be valid and binding. An interlocutory decree of divorce was awarded the plaintiff, and he was also given the custody of the two minor children of the marriage.

Defendant contends that certain of the findings are unsupported, namely, the findings that she committed adultery and was guilty of extreme cruelty, and that the court erred in awarding the custody of the children to the plaintiff.

As to the first charge, plaintiff testified that while he was residing in Oakland his wife and children were temporarily occupying a house at Saratoga, where he visited her weekly. On the occasion alleged he arrived at…