Kremer v. Schutz

Citations

• 82 Kan. 175
• 107 P. 780
• 1910 Kan. LEXIS 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Notice — Lessee of Land — Lis Pendens — Appeal—Action for Rent. In a divorce proceeding the wife claimed a certain farm as her separate property, but the district court decided that it belonged to the husband. Upon an appeal the supreme court reversed that judgment and decided that the title-to the farm was in the wife, and that the husband never had owned it. After the appeal had been taken the husband leased' the land to another and collected the rent for the same. Held, in an action by the wife to recover from the tenant for the use of the land: (1) That the tenant was bound to know that an appeal had been taken from the judgment and therefore took his leasehold interest at the risk of a reversal of the judgment. (2) Although no supersedeas bond was given on the appeal the tenant was bound by the result of the appeal.</p>