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Langdon v. Hadley

Court of Appeals of Indiana
Feb 26, 1926
85 Ind. App. 515 (Ind. Ct. App. 1926)

Summary

In Langdon v. Hadley (1926), 85 Ind. App. 515, 150 N.E. 793, the Appellate Court of Indiana, upon the authority of the Pence case, supra, held that a guardian of an insane person could not prosecute an action to annul the marriage of his ward.

Summary of this case from State ex rel. Quear v. Madison Circuit Court

Opinion

No. 12,559.

Filed February 26, 1926. Rehearing denied December 28, 1926.

MARRIAGE. — Guardian not authorized to maintain action in his own name to set aside his ward's marriage. — A guardian has no authority to maintain an action in his own name as guardian to set aside his ward's marriage because of the ward's insanity.

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. By second division.

Roemler, Carter Rust, for appellant.

Clarke Clarke, for appellee.


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.


Summaries of

Langdon v. Hadley

Court of Appeals of Indiana
Feb 26, 1926
85 Ind. App. 515 (Ind. Ct. App. 1926)

In Langdon v. Hadley (1926), 85 Ind. App. 515, 150 N.E. 793, the Appellate Court of Indiana, upon the authority of the Pence case, supra, held that a guardian of an insane person could not prosecute an action to annul the marriage of his ward.

Summary of this case from State ex rel. Quear v. Madison Circuit Court

In Langdon v. Hadley, 1926, 85 Ind. App. 515, 150 N.E. 793, the Appellate Court of Indiana, upon the authority of the Pence case, supra, held that a guardian of an insane person could not prosecute an action to annul the marriage of his ward.

Summary of this case from Gates v. O'Connor
Case details for

Langdon v. Hadley

Case Details

Full title:LANGDON v. HADLEY

Court:Court of Appeals of Indiana

Date published: Feb 26, 1926

Citations

85 Ind. App. 515 (Ind. Ct. App. 1926)
150 N.E. 793

Citing Cases

State ex rel. Quear v. Madison Circuit Court

In Pence v. Aughe, Guardian (1885), 101 Ind. 317, supra, this court held that the statutes on guardianship of…

Gates v. O'Connor

In Pence v. Aughe, Guardian, 1885, 101 Ind. 317, [ ], this court held that the statutes on guardianship of…