Wallace

On October 31, 1930, respondent herein filed her complaint for divorce against appellant upon the ground of cruelty. In this complaint, among other things, she alleged “that plaintiff and defendant have entered into a property settlement agreement wherein and whereby they have made a division of all the community property belonging to them and said defendant has made provision for the payment of certain alimony to plaintiff.

“Wherefore plaintiff prays judgment; that the bonds of matrimony heretofore and now existing between plaintiff and defendant be dissolved and the said property settlement and agreement be approved in all its terms.” Defendant having failed to answer this complaint, his default was duly entered; thereafter an interlocutory judgment of divorce was granted, said decree containing the following provisions:

Introduced as an exhibit upon the hearing of the divorce was the property agreement entered into between the parties, which contains the following paragraph pertinent to the issues herein involved: ,

On December 23, 1931, a final decree of divorce was entered and docketed. On January 27, 1932, there was issued out of the superior court in which this action…