Johnson v. First National Bank in Wichita

MURRAH, Circuit Judge.

Appellant Guardian1 instituted this action to vacate a decree of divorce obtained by Thomas Scott McDowell from his insane wife, Marium Elizabeth McDowell in the District Court of Ford County, Kansas, on the grounds that the decree is void for lack of jurisdiction and defects in the proceedings and voidable for fraud in its procurement. She seeks a judgment ultimately decreeing her ward to be the widow and sole surviving heir of McDowell.

Basing its jurisdiction upon diversity of citizenship and requisite amount in controversy, both of which are present, the trial court…