Beatrice JOHNSON, Guardian and Curatrix of Marium Elizabeth McDowell, a person of unsound mind, succeeded by The City National Bank and Trust Company of Kansas City, Kansas City, Missouri, Guardian and Curator, Appellant,
v.
The FIRST NATIONAL BANK IN WICHITA, KANSAS, Administrator of the Estate of Thomas Scott McDowell, deceased; and Elizabeth Penny McDowell, Appellee.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
May 18, 1955.
Rehearing Denied June 22, 1955.
Attorney(s) appearing for the Case
Lucian Lane and William F. Woodruff, Kansas City, Mo. (Woodruff & Lane, Kansas City, Mo., on the brief), for appellants.
Wayne Coulson, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Wichita, Everett Minner and Harry Waite, Dodge City, Kan., on the brief), for appellees.
Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.
United States Court of Appeals Tenth Circuit.
MURRAH, Circuit Judge.
Appellant Guardian1 instituted this action to vacate a decree of divorce obtained by Thomas Scott McDowell from his insane wife, Marium Elizabeth McDowell in the District Court of Ford County, Kansas, on the grounds that the decree is void for lack of jurisdiction and defects in the proceedings and voidable for fraud in its procurement. She seeks a judgment ultimately decreeing her ward to be the widow and sole surviving...
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