Demoss v. DEMOSS, ETC.

*549Pfaff, J.

— This action was brought by appellee to annul his marriage to appellant pursuant to §44-106, Burns’ 1952 Replacement, which provides:

“When either of the parties to a marriage shall be incapable, from want of age or understanding, of contracting such marriage, . . . the same may be declared void, on application of the incapable party in the case of want of age or understanding ... by any court having jurisdiction to decree divorces ;....”

Appellant’s demurrer to the complaint, based upon the ground that it did not state facts sufficient to constitute a cause of action, was overruled.…