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SMITH v. SMITH

No. 35,495.

235 Minn. 412 (1952)

TILLIE M. SMITH v. JOHN J. SMITH.

Supreme Court of Minnesota.

January 18, 1952.

Attorney(s) appearing for the Case

Gerald D. Shively and Dell, Rosengren & Rufer, for appellant.

Harry E. Burns and Sydney A. Gross, for respondent.

KNUTSON, JUSTICE.

Prior to October 16, 1948, plaintiff and defendant were husband and wife. On September 10, 1948, plaintiff commenced an action for divorce against defendant. Thereafter they agreed between themselves on a property settlement. On October 1, 1948, plaintiff's attorney called on defendant and procured his signature to a stipulation intended to be used in the divorce action, the material part of which reads as follows:

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