Cropper v. Goodrich

Citations

• 89 Kan. 589
• 132 P. 163
• 1913 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homestead — Deed by Wife Alone Conveys no Title, even to Subsequent Purchaser without Actual Notice. Where a deed to property occupied as a homestead is made by the spouse in whom the legal title is vested, the other not consenting, a conveyance made by the grantee while such occupancy continues will be a nullity, even if made for value to one having no actual notice of the homestead character of the property.</p> <p>2. - Void Deed by Wife — Record—Notice Imparted. Where a wife signs a deed to a homestead and leaves it with the grantee, who agrees that it is not to become effective unless signed also by her husband, but who in violation of the agreement records it, the fact that the husband as well as the wife is named as one of the grantors is sufficient to put a prospective buyer upon inquiry, and charge him with notice of such facts with respect to the execution of the deed as could have been learned by reasonable investigation.</p>