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 CourtOpinion
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.