James v. Manning

Citations

• 79 Kan. 830
• 101 P. 628
• 1909 Kan. LEXIS 289

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute op Frauds—Assignment of Interest in Real Estate— Signature—Executed Contract. The holder of four certificates of sale of school-land attempted to transfer his rights thereunder to his wife. They occupied the land as a homestead. A written assignment in proper form was indorsed upon each certificate and an acknowledgment to the signature of the assignor duly attached. The assignor failed to subscribe his name on one of the assignments, but all were duly-acknowledged before the same officer. The certificates thus indorsed were all delivered to the assignee, and afterward treated by the parties as a complete, final and satisfactory transaction. The assignee paid twelve dollars in consideration of the assignments. Both parties continued to occupy the land as a homestead. Eight months afterward the husband died. More than three years afterward his daughter commenced an action to recover one-half of her father’s interest in the land covered by the certificate which he omitted to sign, claiming-that the want of his signature made the assignment void under the statute of frauds. Held, that as the transaction was completed, and had been acquiesced in by the parties, the statute of frauds did not apply.</p> <p>2. Compromise Tax Deed—Issuance before Expiration of Redemption Period. Under section 76*72 of the General Statutes of 1901 a tax-sale certificate was assigned on the 18th day of March. A deed was issuqd to the holder of the certificate on the 18th day of September following. Held, that the deed was issued before the expiration of six months after the date of the tax-sale certificate, as provided by such section, and is therefore void.</p>