Langdon v. Hadley

• Decision Date: 26 February 1926
• Docket Number: 12,559
• Citation: 150 N.E. 793,85 Ind.App. 515
• Parties: LANGDON v. HADLEY
• Court: Indiana Appellate Court

150 N.E. 793

85 Ind.App. 515

LANGDON v. HADLEY

No. 12,559

Court of Appeals of Indiana

February 26, 1926

Rehearing denied December 28, 1926.

From Marion Superior Court (30,501); Sidney S. Miller, Judge.

Action by Roy Langdon, as guardian of William Langdon, a person of unsound mind, against Grace Hadley, known as Grace Langdon. From a judgment for defendant, the plaintiff appeals.

Affirmed.

Roemler, Carter & Rust, for appellant.

Clarke & Clarke, for appellee.

OPINION

DAUSMAN, J.

Roy Langdon, as guardian of William Langdon, filed in the trial court a complaint to set aside the marriage of his ward. It is averred in the complaint that the guardian was appointed June 25, 1924; that about ten months prior thereto, William Langdon was married to one Grace Hadley, now known as Grace Langdon; that at the time of the marriage, William Langdon, the plaintiff's ward, was insane; and that therefore the marriage is void. The trial court sustained a demurrer to the complaint, and that ruling is the only error assigned.

The guardian has no authority to maintain the action. Pence v. Aughe, Gdn. (1885), 101 Ind. 317.

Judgment affirmed.