Demoss v. DEMOSS, ETC.

135 Ind. App. 548 (1964)

195 N.E.2d 496

DEMOSS

v.

DEMOSS, ETC.

No. 19,823.

Court of Appeals of Indiana.

Filed January 9, 1964.

Dissenting opinion filed January 29, 1964.

Robert J. Fair, of Princeton, for appellant.

Warren Barnett, of Princeton, Kimmell, Kimmell & Funk and Curtis V. Kimmell, of Vincennes, for appellee.

PFAFF, J.

This action was brought by appellee to annul his marriage to appellant pursuant to § 44-106, Burns' 1952 Replacement, which provides:

"When either of the parties to a marriage shall be incapable, from want of age or understanding, of contracting such marriage, ... the same may be…