Johnson v. Sands

Opinion op the Court by

Chiep Justice Dietzman

—Reversing.

A demurrer having been sustained to the plaintiffs’ petition as amended and they having declined to plead further, their petition was dismissed, and they have appealed.

The plaintiffs, now appellants, are the heirs and distributees at law of A. J. Johnson who, on the 23rd day of April, 1928, married the defendant now appellee. He died on the following day. This suit was brought to set aside that marriage, first, because of alleged fraud and duress practiced by the defendant in its obtention; and, secondly, because of the alleged mental…