Starke v. Starke

The opinion of the court was delivered by

Hoch, J.:

In an action brought in district court the husband of an insane wife sought authority for execution of an oil and gas lease on land owned by her and held as their homestead. Judgment was entered for the plaintiff, and under order of the court, a trustee, appointed for the purpose, joined the husband, on behalf of the incompetent wife, in the execution of the lease. A motion to vacate the judgment was overruled and this appeal followed.

On February 4,1942, an opinion per curiam by this court was filed reversing the judgment on the ground that…