Silva

Plaintiff brought this action for an accounting and to recover from defendants, his wife and stepson, money which he claimed was wrongfully and fraudulently withheld from him in a settlement previously had between plaintiff and his wife.

Judgment was for defendants, and plaintiff appeals.

The trial court found that in the settlement referred to, property affairs of the marital community were determined and adjusted by mutual agreement between the parties, and that the plaintiff had entered into such agreement voluntarily and with full knowledge of all the facts and uninfluenced by fraud or mistake, and that such settlement was final and conclusive as to plaintiff’s rights.

The property consisted of bank accounts and certain notes and mortgages aggregating in value about $9,000 or $10,000’. This property was the accumulation of the earnings of plaintiff and his wife during a period of thirty years of married life, mostly from the wages and earnings of plaintiff. The deposits of earnings were made in bank in the joint names of plaintiff and his wife, but the pl&intiff being constantly employed and unable to read or write, the management of the account was left to the wife and the…