Sanguinetti

The action was brought to have it decreed that plaintiff is the owner of a certain described tract of land; that defendant has no right, title, or estate therein; that a certain declaration of homestead placed thereon by defendant is void, and that the same be canceled .and annulled. Relief was granted as prayed for, and defendant has appealed from the judgment.

The basis of the action is found in this written agreement executed by the parties on June 6, 1916:

It is not disputed that said contract was the deliberate and voluntary act of the parties and that plaintiff paid to defendant the said sum of five thousand dollars. It appears, also, that the parties were at the time and ever since have been living together as husband and wife. It is true that defendant was absent from home for nearly a year, but it was the occasion merely of a visit to a relative in the state of Washington and it was by consent of the plaintiff. In fact, appellant testified that respondent was always generous in Ms treatment of her and never objected to her visits away from home. The case, therefore, does not involve any separation of the parties agreed or otherwise, • any desertion or Mndred subject,…