In Re Strong

This is an appeal from an order granting a petition made by the aunt of minors under fourteen years of age, by which order said aunt was made the guardian of the persons of said minors. No appeal is taken from that portion of the order which made the said aunt the guardian of the estate of all of said minors, and of the person of the minor who was over the age of fourteen years. The appeal is prosecuted by the mother of the children, who specifies insufficiency of the evidence to justify the findings, in that there is no evidence proving or tending to prove that the said appellant, Ida Pay McKee, had abandoned or deserted the said four minor children. A decree of divorce between appellant and the father of the children, who is now deceased, was introduced into evidence, in which decree such a finding was made and which finding is sufficient upon which to predicate the finding of the court in the present case. Subdivision 32, section 1963, Code of Civil Procedure: “All other presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind: ... 32. That a thing once proved to…