Ibbetson

Plaintiff and respondent commenced an action for divorce, charging desertion by his wife, and defendant and appellant answered denying the allegations of plaintiff’s complaint and filed a cross-complaint for maintenance charging desertion on the part of plaintiff and alleging that the plaintiff had in his possession a large amount of community property, the nature and value of which she was unable to state. In his answer to the cross-complaint plaintiff denied that he had any community property in his possession, and in this behalf alleged that on the eleventh day of November, 1911, plaintiff and defendant entered into a contract whereby the parties agreed upon a division of the community property and granted to each other all of their community rights and agreed that the property so segregated and apportioned to each other should be the separate property of that party and that all rents, issues, and profits derived by each party from such property should be the separate estate of that party; also that all property acquired by either party thereto subsequent to September 1, 1911, should be and forever remain the separate property of such party. It appears that this agreement was…