Cornelius

This is an appeal from a judgment of divorce which was awarded the defendant upon her cross-complaint and confirming a previous agreement settling the property rights of the spouses. The sole question is the validity of this contract.

The plaintiff filed an action for divorce against the defendant on the ground of extreme cruelty. The complaint alleged that she was possessed of certain community property which she was holding by virtue of a previous written agreement purporting to settle all property rights between them, but which contract was procured by means of duress on the part of the defendant consisting of threats to prosecute the plaintiff on a charge of adultery, and that this contract was subsequently canceled by the resumption of matrimonial relations and by mutual consent of the parties. The complaint prayed for a decree of divorce and the cancellation of the property settlement contract, together with an award of a share of the community property.

The answer denied seriatim the charges of cruelty, the existence of any community property, the exercise of duress or threats in procuring the execution of the agreement and the cancellation by a resumption of marital…