Burnap v. Burnap

The opinion of the court was delivered by

Burch, C. J.:

The appeal is from an order overruling the demurrer to a petition.

The petition of Lena Belle Burnap alleged that she and her husband, Jay E. Burnap, were divorced by decree of a court of competent jurisdiction in Colorado. Copies of material portions of the proceedings were attached to the petition. The final decree contained the following:

“. . . it is ordered by the court that said defendant [Lena Belle Burnap] shall have the care, custody and control of their minor children, Mary Louise Burnap and Jeanne Marie Burnap, until the further…