Bowden

Differences had arisen between Ottillie K. Bowden, plaintiff herein, and Rolandus F. Bowden, defendant herein, which resulted in an action for divorce, commenced by the wife against her husband, in October, 1909. At the time they held community interests in property, real and personal. While this action was pending, on November 4, 1909, the spouses entered into an agreement whereunder the community property was divided between them. The wife agreed to dismiss the pending action for divorce and together they agreed as follows:

Thereafter, on the thirteenth day of May, 1910, the wife commenced a second action for divorce against her husband upon the ground of cruelty. The husband defaulted, an interlocutory decree in favor of the wife was entered, and it became final on March 18, 1912. Thereafter, on February 13, 1913, the wife commenced this action, demanding payment of three thousand dollars under the written agreement above set forth. The husband answered, the cause was tried, judg ment was entered for plaintiff, and the husband has appealed.

Upon the appeal the single proposition urged is that a contract such as this is against the policy of our law under the decisions of this…