Buick

Defendant Benjamin P. Boyd appeals from "a judgment reforming the description of real property in a written contract.

Plaintiff Mary Isabelle Buiek was formerly Mary Isabelle Boyd, wife of defendant Benjamin P. Boyd, and the mother of plaintiffs Alfreida Elinor and Malcolm Glenn Boyd, infant children of the marriage. Defendants Eugene Boyd and Edna Boyd are also children of the said marriage and are made defendants because their consent to be joined as plaintiffs could not be obtained and because united in interest with plaintiffs. Plaintiff John EL Buiek is joined with plaintiff Mary Isabelle Buiek, being her husband at the commencement of the action.

On February 11, 1909, plaintiff Mary Isabelle Buiek, then Mary Isabelle Boyd, commenced an action for a divorce in the superior court of Shasta County on the ground of extreme cruelty. Pending the action, on March 4, 1909, she and her then husband entered into a written agreement settling their property rights, her claims for alimony, counsel fees and costs. Final decree in the action was granted the plaintiff May 3, 1910.

The concluding paragraph of the interlocutory decree reads as follows: “And it further appearing that the…