Reed

This is an appeal from a final judgment in a divorce proceeding. The facts are substantially as follows : In June, 1904, the plaintiff commenced the action for a divorce from defendant' upon the ground of willful desertion. In the verified complaint it is alleged that there are no property rights involved and no claim is made by plaintiff for alimony or counsel fees. The answer of defendant denies the desertion, and affirmatively alleges that at the time of the commencement of the action there were property rights in controversy, but that such property rights have since been completely adjusted between the parties. Upon the issues so made the case proceeded to trial, and findings were filed in June, 1904. The court found in favor of plaintiff as t'o the willful desertion, and found further that after the action was commenced the parties settled and adjusted their property right's, and that defendant had paid to plaintiff in such settlement the sum of $12,500, and further transferred and conveyed to her certain parcels of real estate situated in the city and county of San Francisco and fully described in the findings, by reason of which the court finds that plaintiff “has released…