Taliaferro

Plaintiff appeals from a judgment of dismissal after demurrer sustained to his second amended complaint. By his complaint in two counts he sought in count one to set aside the property settlement agreement with his former wife, which we construed in Taliaferro v. Taliaferro, 125 Cal.App.2d 419 [ 270 P.2d 1036 ], on the ground of mistake and also to set aside the interlocutory and final decrees of divorce. In count two he attempted to have declared void an order of the court of September 16, 1949, which set aside an earlier order modifying said property settlement agreement.

In Taliaferro, supra, 125 Cal.App.2d 419 , we held that by the terms of this property settlement agreement, as modified by the parties, appellant was bound to pay his wife for life, despite her remarriage, $200 per month.

By the first count of his second amended complaint appellant attempts to have set aside in equity both the interlocutory and final decrees of divorce and the property settlement agree *161 ment on the ground of mistake, the allegation as to mistake being that he was advised by his lawyer and believed acting on such advice at the time that he executed the property settlement agreement “that…