Ferguson v. Nuttleman

Citations

• 110 Kan. 718
• 205 P. 365
• 1922 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage on Homestead — Executed by Husband and Wife — No Fraud — • No Duress. A wife who can read and write, and who at' the request of her husband signs with him a mortgage on their homestead but does not know that it is a mortgage and does not understand its nature or effect, cannot avoid the mortgage where no fraud has been practiced nor duress exercised on her to procure her signature thereto.</p> <p>2. Same — Signed by Husband and Wife in Absence of Each Other — Mortgage Valid. A mortgage on a homestead is not rendered invalid by the husband and wife signing it at different times in the absence of each other where one signs at the request of the other and the mortgage purports to be the joint act of both.</p> <p>3. Quieting Title — Purchaser in Good Faith. Title to real property may be quieted in one who, in good faith, acquires title thereto without notice of the rights of third parties, strangers to the title so far as the record thereof shows.</p>