Beach v. Fireovid

Citations

• 84 Kan. 357
• 114 P. 206
• 1911 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Husband and Wipe — Sale of Exempt Personal Property — Joint Consent. Section 5235 of the General Statutes of 1909, which provides that it shall be unlawful for either husband or wife (when that relation exists) to create any lien, by chattel mortgage or otherwise, upon personal property of either which is exempt from execution, without the joint consent of both, does not prevent the owner of such property from turning it over in good faith to a creditor in payment of a debt, without the joint consent of his wife. Such a transaction is in legal effect an absolute sale, and not a mortgage.</p>