Naylor v. Naylor

Of the voluminously stated grounds for striking the petition, only one appears of sufficient merit to warrant consideration. That ground is the fact, appearing by the petition itself, that the petitioner has been adjudicated to be a lunatic and is prosecuting this action by his guardian. The right of the guardian to prosecute a suit for annulment of the marriage, on the ground that his ward was insane when the marriage contract was made, is challenged. While cases where a lunatic, by his guardian, defends a suit for nullity on the ground of his insanity at the time of the marriage contract…