Johnson v. Johnson

Peterson, Justice.

Against the wishes of plaintiff and his guardian appointed by the probate court, his guardian ad litem appointed by the district court brought this action to have plaintiff’s marriage with defendant annulled upon the grounds that plaintiff lacked mental capacity to contract the marriage and that the marriage was void because it was solemnized under a license fraudulently and illegally obtained in the state of Iowa.

In August 1939, upon plaintiff’s petition therefor reciting that by reason of old age (he was then 77 years old) and other infirmities he was unable properly to…