Koehler v. Gray

Citations

• 102 Kan. 878
• 172 P. 25
• 1918 Kan. LEXIS 164

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homestead — Findingsi—No Abandonment. Findings that the claimant of a homestead had not abandoned her residence in the city in which the property in question is situated, and that she considered that city as her residence, held to imply that she intended to return to- the property and occupy it as a home.</p> <p>2. Same — Death of Both Parents — Homestead Exempt to Unmarried Daughter. Property occupied as the homestead of the owner and his family remains exempt from sale for the payment of his debts after the death of himself (intestate) and his wife, so long as an unmarried daughter of full age, who had lived with him as a part of his family, continues her residence thereon without interruption. Battey v. Barker, 62 Kan. 517, 64 Pac. 79, overruled.</p> <p>3. Same — Taken by Right of Eminent Domain, — Disposition of Proceeds Among Heirs. Where the daughter of an intestate occupies his homestead under such circumstances as to render it exempt from liability for his debts, and the property is taken for public purposes by eminent domain, she is entitled to compensation, not only for the share of the property owned by her, but also for the right to occupy the whole.</p>