Browning

The respondent herein moved for an order dismissing the appeal in this case upon the ground that the plaintiff and appellant had voluntarily accepted and received the benefits of the judgment and orders appealed from, and having done so cannot challenge any portion of the judgment and orders upon this appeal. The respondent also, in the event of the denial of said motion, presents certain other alternative motions, the grounds for which will be hereafter stated.

This action was instituted by the plaintiff to obtain a divorce from the defendant upon certain enumerated grounds of cruelty as set forth in her complaint. She alleged that there was as issue of said marriage one child of the age of six years, which was in her custody. As an incident to the action for divorce the plaintiff sets forth in her complaint the fact of the existence of a large amount of community property consisting of both real and personal property. She then proceeds to allege that on or about June 30, 1927, about three months before the commencement of her action for divorce, an agreement had been entered into between herself and the defendant for the settlement of the property interests of the parties, and…