Carter

This is an action - to recover the possession or value of certain personal property. The plaintiff had judgment, and from that judgment, and an order denying a new trial, the defendant appeals.

The material facts of the case, as shown by the record, are as follows; In December, 1887, the plaintiff, Anna L. Carter, and Jacob E. Carter were husband and wife, and were residing on a tract of land in Tuolumne County. On the twenty-second day of that month they entered into a written agreement, by which he agreed to give her “a bill of sale and peaceful possession” of certain described personal property, and in consideration thereof she agreed to relinquish all claims against any property, real or personal, belonging to him, or which he might thereafter acquire, and also to relinquish all claims against him for the future support of herself and their children. It was then stipulated in the agreement “that the children now belonging to the family shall, at their own pleasure, visit either party to this instrument, and be welcome, and that either party to this instrument shall have the privilege to visit the children at any time or place they ¡nay be located, and no insinuations be…