McKeever

Certiorari to review an order setting aside and vacating an interlocutory decree of divorce. So much of the facts as are necessary for a discussion of the case show in substance that petitioner herein filed an action for divorce in San Mateo County against Myron L. McKeever, charging him with cruelty and praying that the community property be awarded to her. Defendant was personally served with summons but failed to plead and an interlocutory decree of divorce was granted plaintiff, the decree being entered October 3,1924. Among other things, the decree awarded plaintiff all of the property owned by defendant, consisting in part of equities in two houses in Redwood City and certain valuable oil-producing land in Orange County, California. Thereafter, on September 22, 1925, defendant moved to vacate and set aside the decree, charging that it had been obtained through the fraud and conspiracy of the plaintiff and one Charles L. Muney. The several affidavits in support of the motion alleged the practice of both intrinsic and extrinsic fraud on the part of plaintiff and Muney. They recited that defendant was never legally married to the plaintiff; that she and one Charles L. Muney,…