Boullester

From the petition herein it appears that by the terms of a written instrument petitioner and one who was then her husband agreed upon a settlement or division of their community property, and in the same in strument provided that “it is mutually agreed that should either party hereto obtain a decree of divorce, this agreement shall be offered to the court by the party so obtaining the same and it shall be approved by the court and become part of the decree or judgment”. Thereafter, in a complaint that was filed in a suit by the husband for divorce from his said wife (the petitioner herein), the following allegation was made:

Some years later, the former husband filed a complaint in an action against his former wife, wherein in substance the foregoing facts were alleged, and in addition thereto, that in the course of the said settlement of the property rights of the parties, the wife fraudulently had concealed from the husband the existence of certain assets of the community which were in the possession of the wife; and the husband then prayed for an “accounting” between the' parties, both in- regard to certain of his unfulfilled obligations as created by the said agreement and in…