Sophian v. Von Linde

Staley, Jr., J. (dissenting).

The defendant appeals from a judgment in favor of the plaintiff annulling the marriage heretofore existing between Lucille Rogers, deceased, and the defendant because of fraud practiced by the defendant upon Lucille Rogers during her lifetime.

*38The plaintiff was successful in her first and third causes of action. The first cause of action was based on defendant’s misrepresentation of his ancestry and origin and his claim of noble birth. The third cause of action was based on defendant’s misrepresentation of the fact that he never intended to have sexual intercourse…