McCullough v. Finley

Citations

• 69 Kan. 705
• 77 P. 696
• 1904 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition—Parol Agreement—Parties to it Estopped. Parties who have acquiesced in a parol partition of real estate, followed by exclusive possession, the payment of taxes, and the permanent improvement of the land, are estopped from, questioning it as void under the statute of frauds.</p> <p>2. -Effect and Disposition of a Life-estate after Partition by Owners of the Fee. The owners of a fee subject -to a life-estate may make an agreement dividing the land in severalty before the termination of the life-estate. Upon such partition the former cotenancy of the fee is at an end, and each one may then - take title to the life-interest in his own portion and hold the entire estate adversely to the others.</p> <p>3. -— Agreement by Minor is Valid unless Disaffirmed within a Reasonable Time. An agreement to partition land made by a minor is voidable only, and becomes binding upon a failure to disaffirm within a reasonable time after majority.</p>