[Sidenote:  Proceedings and decree.]

Upon such application the court has power to appoint some person or attorney guardian of the person alleged to be insane, who shall ascertain as to the propriety, good faith and necessity of the prayer of the petitioner, and who shall have power to resist said application.  If the court is satisfied that the petition is made in good faith, and that the petitioner is the proper person to exercise the power and make the conveyance, and that such power is necessary and proper, said court shall enter up a decree authorizing the execution of all such conveyances, for and in the name of such husband or wife, by such person as the court may appoint [Sec.Sec.3408-3409.]

[Sidenote:  Appointment, Revocation.]

All deeds executed by the person thus appointed shall be valid in law, and shall convey the interest of such insane person in the real estate so conveyed; said power shall cease and become void as soon as he or she shall become sane and of sound mind, and apply to the court to revoke said power, and the same shall be evoked; but such revocation shall in nowise affect conveyances previously made. [Sec.3410.]

CHAPTER IV.

DIVORCE, ANNULLING MARRIAGES AND ALIMONY.

[Sidenote:  Jurisdiction.]

The district court where either party resides, has, jurisdiction of the subject matter of this chapter. [Sec.3411].  State legislatures have power to grant divorces in all cases where such power has not been conferred on the courts of the state by some constitutional provision or legislative enactment.  The legislature of this state has been deprived of the power to grant divorces for any cause by Article 3, Sec.27, of the constitution, which provides that “no divorce shall be granted by the general assembly.”  A divorce obtained from a court not having jurisdiction is absolutely void.  The residence necessary to give the court jurisdiction must be permanent, or at least of a sufficient period of time to indicate an intention of continued residence and citizenship.  The general rule is that the domicile of the wife and children is to be considered the same as that of the husband, but in a proceeding for divorce the law recognizes that husband and wife have separate domiciles, and a valid divorce may be granted where only one of the parties resides, but if they reside in different states, the court having jurisdiction of the party making application for the divorce may grant the decree, but it has no authority to make a decree as to the custody of the children, if they are non-residents of the state where the decree of divorce is rendered.  A decree of divorce can always be set aside for fraud in obtaining it.

[Sidenote:  Petition.]