Payne v. Burdette
Missouri Court of Appeals
Appeal from the Callaway Circuit Court.—Hon. J. A. Tloclcaclay, Judge. (1) Marriage is a civil contract,,to which the consent of parties capable in law of contracting is essential.
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Appeal from the Callaway Circuit Court.—Hon. J. A. Tloclcaclay, Judge. (1) Marriage is a civil contract,,to which the consent of parties capable in law of contracting is essential. R. S. 1889, sec. G840 (R. S. 1899, sec. 4311). (2) No person can enter into a valid marriage contract who, by reason of mental imbecility, has not sufficient mental capacity to give an intelligent consent thereto; and a person who is incapable from mental imbecility to take care of liis own person and property, is sncli an individual and has not the requisite mental capacity to dispose of his person or property by…
1Opinion of the CourtEllison, J.
This is a proceeding instituted by plaintiff as guardian to obtain a decree annulling the marriage of his ward with defendant. The circuit court refused the decree.
The facts are that plaintiff’s ward was regularly declared to be a person of unsound mind and plaintiff was appointed his guardian by the probate court of Callaway county. About four years afterwards and while the judgment of the probate court was in force, and while plaintiff was still acting as his guardian,-the ward, then about 26 years of age, married defendant, a female about 21 years of age. The trial court refused to regard…
2Cases cited4 opinions
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- Rannells v. GernerSupreme Court of Missouri · 1883
- Coleman v. FarrarSupreme Court of Missouri · 1892
- Kiehne v. WessellMissouri Court of Appeals · 1893
3Cited by16 opinions
- Henderson v. RessorSupreme Court of Missouri · 1915
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
- Fourth National Bank v. DiverSupreme Court of Kansas · 1930
- Roether v. RoetherWisconsin Supreme Court · 1923
- Johnson v. JohnsonSupreme Court of Minnesota · 1943
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