McDaniel

The plaintiff commenced an action against the defendant to obtain a decree of divorce on the grounds of cruelty. In her complaint she alleged that there was no community property. The defendant filed an answer denying the allegations of cruelty and denying that there was no community property. He also filed a cross-complaint in which he asked for a divorce on the grounds of desertion and alleged that there was a large amount of community property which he specifically itemized. He further alleged that there was outstanding a document which purported to be a contract settling the property rights of the parties; however, he alleged that it was invalid because it was obtained by the fraudulent acts of the plaintiff. The plaintiff answered the cross-complaint and all of the issues were tried. The trial court made full and complete findings in which, among other things, it found that the allegations of the complaint were untrue and that the allegations of the cross-complaint were true. From those portions of the interlocutory decree determining the property rights of the parties the plaintiff has appealed.

The controversy arises out of the following facts: The parties were married…