Kirkland v. Kirkland

BROWN, Justice.

This litigation originated by bill filed by the appellee, Emmett Kirkland, against his wife, Erma, ostensibly for divorce, but as subsequent events show, its major purpose was to draw in question, set aside, and annul a postnuptial settlement between the parties, entered into on March 2, 1935, 'only twelve days before the bill was filed.

' The postnuptial agreement of settlement recites, inter alia, that: ,

“Whereas the parties to this agreement are husband and wife and whereas they have found it impossible to live together in peace and harmony and they agree that it is to their…