This section contains the nature of the case and procedural background.

H and W were married in 1924. They separated in 1944. A property settlement agreement was executed and H was to pay W $30,000 annually for her support and that of their children. W then brought an action for divorce in which H made no appearance. The divorce was granted and the settlement agreement was adopted by the final decree. W then sued to set aside the decree relating to the property as she alleged fraud in that some of the assets listed in the agreement as belonging to H were actually community property assets but that H has misrepresented that to W and W's attorney. H denied that the agreement wrongfully classified any community property as his separate property or that he made a misrepresentation to W in any manner. H got the judgment, and this appeal resulted. The property under dispute was the stock held in Jorgensen company.

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