(DOWNLOAD) "Kubat v. Kubat" by Colorado Supreme Court " Book PDF Kindle ePub Free

eBook details

Title: Kubat v. Kubat
Author : Colorado Supreme Court
Release Date : January 26, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

Description

On January 9, 1950, plaintiff in error petitioned the county court of Arapahoe county, the court of adoption, to have the decree of adoption heretofore mentioned, revoked and set aside on the ground of fraudulent inducement on the part of defendant in error, in effect being that, prior to the marriage, defendant in error told him that if he would agree to, and would, adopt the minor children, she would enter into matrimony with him and would be a true and faithful wife and remain with him as such wife and aid in the rearing of said children; that in full reliance of such promise, he entered into the marriage relation and joined in the filing of the petition for adoption of the minor children; that at the time defendant in error made these representations to him, she knew that the representations were false and that thereby, she fraudulently and maliciously induced plaintiff in error to marry her and to adopt the minor children. Three motions were filed by defendant, defendant in error here: (1) to disqualify the county judge because he was one and the same judge who presided in the adoption matter, and that he would be called as a witness in the present proceeding; (2) to strike parts and portions of the petition relating to the allegations of misrepresentation and fraud concerning the adoption of the children because said matters were immaterial and irrelevant to the issues in this case, and for the further reason that all said matters sought to be stricken had been judicially determined in the divorce action, hereinbefore referred to; (3) to dismiss the petition because it failed to state a claim upon which relief could be granted, and the further ground of laches.