Kastner v. Baker

Citations

• 92 Kan. 26
• 139 P. 1189
• 1914 Kan. LEXIS 160

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homestead — Agreement as to Boundary Line by Husband Alone —Ineffectual. The owner of land occupied by himself and wife as their homestead made, without his wife’s knowledge or consent, a verbal agreement with an adjoining landowner by which a fence standing on the homestead should be the boundary line, and for some years. thereafter the agreement was acquiesced in by both parties and defendant occupied up to the fence. Thereafter the owner of the homestead, his wife joining, sold and conveyed the entire tract of land to the plaintiff, who sued the defendant in ejectment to recover the strip of land between the true boundary and the fence. Held, that the land being a part of the homestead, the agreement or contract with the husband, made without the joint consent of the wife, was ineffectual, and that upon the facts stated in the opinion the plaintiff was entitled to judgment.</p>