Linn v. Ziegler

Citations

• 68 Kan. 528
• 75 P. 489
• 1904 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homestead and Exemptions — Estoppel. One who pleads that a tract of land was occupied at a certain time by himself and family as their homestead, such claim having reference to the complete title to the land and not merely to an undivided fractional interest therein, is thereby estopped to assert that such tract was at the same time the homestead of another.</p> <p>2. Limitation oe Actions — Foreclosure after Heath of Mortgagor — Demand against Estate. A cause of action for the foreclosure of a mortgage does not accrue upon the death of the mortgagor and the allowance by the probate court of the note secured by the mortgage as a demand against the estate, without regard to the maturity of the mortgage debt; and such allowance does not set the statute of limitations in operation against such action.</p>