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.]
When the application for divorce is against a party not residing in this
state, the petition, in addition to the facts on account of which the
applicant claims the relief sought, must state that such a
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