1 In July, 1951, Irene Morgan, hereafter called plaintiff, filed suit for divorce against Max v. Morgan, hereafter called defendant. The parties agreed upon a property settlement and further agreed defendant was to have the custody and care of the minor child. Defendant filed waiver of appearance and both parties thereafter appeared for the hearing. The plaintiff testified to the truth of her petition and was granted a decree of divorce on the ground of extreme mental cruelty. The journal entry of that case reflects that custody of the minor child was granted to defendant, the trial court requiring both parties to sign the journal entry of judgment as evidencing their understanding and agreement in the matter. The decree of divorce was rendered August 13, 1951.