Benito

The plaintiff and defendant are husband and wife, respectively. Preliminary to the institution of a divorce action by the former against the latter, the parties conferred about the same; discussed a division of their property ; agreed upon the terms of a property settlement agreement ; and also agreed upon a provision for the payment of alimony. Thereafter, a complaint was filed; the defendant made a written appearance; stipulated that her default be taken; and, in due course, an interlocutory judgment of divorce was entered which decreed that the plaintiff was entitled to a divorce, approved the property settlement agreement as made, and ordered the plaintiff to pay the defendant $70 per month alimony, subject to further order of the court in the premises. The defendant wife was not represented by an attorney; claims that she wanted to effect a reconciliation with her husband, and in discussing this matter with his attorney was told that “he [the attorney] couldn’t be positive but he was almost sure that if defendant would go along with the plaintiff and not antagonize him and the property settlement agreement were executed and the interlocutory decree pushed through, plaintiff…