Arnold v. Arnold

Citations

• 83 Kan. 539
• 112 P. 163
• 1910 Kan. LEXIS 579

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>:l. Title and Ownership — Divorce Decree Vesting Legal Title to Home in Trust for Use of Children During their Minority. A judgment for divorce gave the custody of minor children to their mother, and provided that the legal title to the homestead should be vested in her for the use and benefit of the children or the survivor of them until the youngest should come to the age of majority, to be held and used as the home of the mother and children until that time. It is held, that the judgment did not give to the mother the title in fee simple, but only the use of it for the purpose declared and for the time limited therein.</p> <p>'2. Ejectment — Principal in Possession of Land Purchased by Agent — Repudiation of Agreement — Reimbursement of Agent ■ — Lien. After the youngest child became of age the father claimed to own the land referred to in the decree above mentioned, having obtained the patent therefor, and the mother, . still being in possession, claimed to own it absolutely under the decree. In this situation the mother sought the assistance of her son to procure for her a conveyance from his father as a compromise of the conflicting claims. The son procured the conveyance to himself, according to the agreement with his mother, and offered to make a conveyance to her for the sum she had authorized him to give, although he had in fact paid less,, but she refused to pay and repudiated the agreement. The son then brought an action of ejectment against the mother. It is held, that a judgment for the mother is erroneous, and that the son, upon delivery of a proper conveyance, should recover whatever sum is found to be equitably due to him, and if not paid should have a lien upon the land therefor.</p>