The Leon reporter. (Leon, Iowa) 1887-1930, 1911-03-23
THE NdOORHEAD CASE.
Opinion of Supreme Court in Holly
Contested Decatur County Case.

The matrimonial rights of an old
gentlean are inalienable in Iowa
and persist so long as he has fair
cording to theIowa Supreme court,
which recently rendered decision
reversing the findings of Judge
Evans in the case wherein the chill
dren of John Moorhead, wealthy
retired farmer living at Leroy, made
application for the appointment Of a
guardian for him, alleging that he
had married second wife who was
endeayoring to secure and dissipate
his property. Mr.. Moorhead is 70
years of age and following the death
of his first wife few years ago mar
ried a woman of So, who had been
divorced, and at the time of the mar
riage entered into an ante-nuptial
contract. Regarding the defendant
in general the court in an opinion
by Justice Weaver, said:
1t is the common lot Of men to
grow old. 1t is inevitable that If
life is prolonged to old age the ad-
vance of the years will be marked
by greater or less decrease of bod
lily powers and mental inefficiency.
But generally speaking, if that de-
crease be normal, that is if it be such
only as attends age unaffected by alb
normal brain conditions, there is no
unsoundness of mind, within the
meaning of the law and nothing to
justify a court in depriving man of
the control of the property which he
himself has earned and saved.
Turning to the main point, that of
the old mans marriage, which was
distasteful to his children, the court
said:
1t is said the marriage was con-
tracted in haste, upon very short &C.
quaintance with the woman he was
making his wife and without inquiry
into her character and antecedents.
1t is further charged that this wom-
an had been twice divorced, had been
involved in various scandals, had led
a disreputable life and that the mar
riage had been brought about by her
contrivance and management in Or
der to absorb and acquire the appel
lant's property. Indeed so promi-
nently was that phase of the contro-
versy featured on the trial below it
is difficult to resist the thought that
the issue of the appellants sanity
was lost sight of in the effort of the
plaintiffs to thoroughly impeach the
character of the wife.
But she is not on trial and at the
best Cor worse) her character,
whether good, bad or Indifferent, has
only remote bearing on the merits of
the real dispute the court is called
upon to decide. 1t is not claimed that
at the time he married her appellant
had any knowledge or information
that she was otherwise than a good
and decent woman; and conceding
every fact concerning the marriage
to be precisely as the plaintiffs claim
them to be they constitute a wholly
insufficient basis for conclusion
that their father was lacking in men.
ia. capacity to control and manage
his own estate. 1t may have been
unWise for him to marry again so
late in life, but if so it was a piece
of INV sGom which finds it's parallel
IN the lives OF men whose eminence
in scien,C. literature, business and
states,nans. IL, forbids any imocach-
ment of their mental soLrdness. lie
married upon short Acquaintance
AMI l., Of courtship. Whether his
haste was due to the natural ardor
of pursuit or desire to forestall
opposition from his family, or
shrewd appreciation of the fact that
widower of his years had no time
to waste, there is absolutely nothing
in it to indicate mental incompetency
to care for his property.
1t is further said that the woman
came to the neighborhood for the
express purpose if making the appel
lants acquaintance and marrying
him, and that it was she who man
aged to bring about their meeting
and subsequent marriage. 1t is quite
that the lady was not coy
young maiden content to wait in the
shadow until her knight should ap-
pear in suit of armOr and carry her
awav tn his castle hut the fact that