Loveren

This is an action for divorce brought by the wife against the husband. Judgment was rendered for plaintiff, and defendant appeals. The points made by appellant for reversal relate entirely to that part of the judgment which deals with the property of the parties; and the question to be determined is whether or not the court erred in disregarding a certain written instrument executed by the parties in which they undertook to provide for the division of their property and the custody of four children.

In the complaint the appellant is charged with extreme cruelty, desertion, habitual intemperance, and adultery. In his answer the appellant denied these charges, and, by a cross-complaint, recriminated with charges of adultery against respondent. During the pendency of the action, after issue joined, and before the trial thereof, viz., on August 13, 1892, the parties and their attorneys signed and delivered a written instrument or stipulation, by which they agreed upon the manner in which their property should be divided, the main feature of which was that the property should he appraised by three appraisers, and that appellant should pay one-third of the appraised value to…