Davis Ex Rel. Davis v. Johnson

DOUGLAS B. HEEN, District Judge.

The plaintiff, Bennie O. Johnson, by Duane Davis, his guardian, brought this action for annulment of marriage on the grounds that plaintiff, at the time of marriage to defendant, was feeble-minded, a common drunkard and afflicted with a contagious disease, all or any of which, it is alleged, would prevent his marriage under the laws of this state.

The district court, after hearing the evidence, found that plaintiff at the time of marriage was of unsound mind and was incompetent to the extent that he did not understand the duties and obligations of the marriage…