Whittier v. Whittier

, G-areield, J.

On November 17, 1939, plaintiff, Ruth Whittier, was divorced from defendant, Arnold Whittier, by the district court of Linn county. On that, date there was filed with the clerk of that court a stipulation of settlement, signed by the parties, which states in substance:

“# * * that jn even^ ^ Court grants to the Plaintiff herein a divorce, that the property rights of the parties hereto are hereby settled and agreed upon in accordance with the following terms and provisions * * *:

“1st — The Plaintiff is awarded the care, custody and control of her minor son, Kenneth Whittier * * *.