Price v. Price

Layton, C. J.,

delivering the opinion of the Court:

The presumption is that a person who has contracted a marriage was mentally capable of entering into the contract; and one who seeks to avoid the contract on the *174ground of mental incapacity sustains the burden of proof. See note to Dunphy v. Dunphy, Ann. Cas. 1913 B, 1242.

Considerations of public policy forbid the annulment of consummated marriages, except upon the most convincing proof. Cole v. Cole, 5 Sneed (Tenn.) 57, 59, 70 Am. Dec. 275; Kern v. Kern, 51 N. J. Eq. 574, 582, 26 A. 837. There is no evidence that the marriage here sought to…