Deacon

This is an action for an accounting and partition of certain property described in the plaintiff’s complaint. The record shows that on and prior to the fourteenth day of July, 1923, the plaintiff Clara E. Deacon and the defendant Daniel A. Deacon were husband and wife; that on said date an agreement settling and adjusting their property rights was executed and aelmowledged. This agreement recited that the parties had separated on the thirteenth day of March, 1923, were living apart, and that an action for divorce had been instituted; and for the purposes of settling and adjusting the property rights of the respective parties it was agreed, among other things, that the defendant Daniel A. Deacon should pay to the plaintiff certain sums of money for her support and for the support of the children, the issue of said marriage. Said agreement also provided that there should be set apart, and said agreement purported to set apart and convey to the plaintiff, as her separate property, a certain dwelling-house, the furniture therein, and the lot upon which it is situated, the lot in question being described as the south fifty feet of the north 100 feet of lots 1, 2, 3 and 4 in block…