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DEMOSS v. DEMOSS, ETC.

No. 19,823.

135 Ind. App. 548 (1964)

195 N.E.2d 496

DEMOSS v. DEMOSS, ETC.

Court of Appeals of Indiana.

Dissenting opinion filed January 29, 1964.

Attorney(s) appearing for the Case

Robert J. Fair, of Princeton, for appellant.

Warren Barnett, of Princeton, Kimmell, Kimmell & Funk and Curtis V. Kimmell, of Vincennes, for appellee.

PFAFF, 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...

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