Iles v. Benedict

Citations

• 110 Kan. 200
• 203 P. 925
• 1922 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT:</p> <p>Specific Performance — Sale of Homestead — Insanity of Husband at Time of Conveyance — No Joint Consent to Convey Homestead. A contract for the sale of a homestead upon compliance with certain conditions was executed by both husband and wife, but before compliance with the conditions or the execution of a conveyance of a homestead, the husband was adjudged insane. The wife was appointed as guardian of the person and estate of her husband, and after obtaining authority from the probate court executed a deed for the conveyance of the homestead for herself, and also one as guardian for her husband, and tendered these to the purchaser as a compliance with the contract. The purchaser deemed the conveyances insufficient, and refused to accept the deeds and pay for the land. Held, that there was not the necessary joint consent to make an effective conveyance of the homestead and that specific performance of the contract was rightly refused.</p>