Tomb

This is an appeal from the order of the court setting aside and vacating an interlocutory and final decree of divorce alleged to have been fraudulently obtained.

The facts briefly stated are as follows:

On May 8, 1923, James E. Tomb filed an action for divorce against his wife, the defendant. On May 11, 1923, defendant filed her answer denying the material allegations of the complaint which answer was, by stipulation of the parties, withdrawn on May 31, 1923. On said last-named date a property settlement was made by the said Tomb and wife. By this settlement the separate'property of each was to remain the property of each of them, and the community property consisting of household furniture was equally divided between them. It was also agreed therein that the said Tomb would pay his said wife the sum of !$2,400 in installments of $75 per month for the first eleven months and thereafter $100 per month until said sum of $2,400 was paid in full.

The said husband, James E. Tomb, died on July 24, 1929, leaving an estate valued at $16,000. On August 16, 1929, respondent filed a motion to set aside and vacate the interlocutory decree of divorce made and entered on June 28,1923, and…