Nelson v. Oberg

Citations

• 88 Kan. 14
• 127 P. 767
• 1912 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homestead Entry—Death of Entryman—Widow Entitled to Patent. About 1876 0. settled on an eighty-acre tract of land in Allen county. He died in 1879, having made one or more payments at the rate of $1.25 an acre, leaving a widow and two children, the plaintiff, of age and married and living on the adjoining eighty, and the defendant, a son then sixteen years old. The widow completed the payments and a patent was issued about 1882 in the name of the entryman. The widow and the son continued to live upon and improve the land, and in 1891 she conveyed it to him by deed, reserving to herself a life estate, and placed the deed of record. Thereafter the land was assessed to the son. The son resided on the land for some years, and at all times, whether living there or elsewhere, claimed to be owner subject to the mother’s life estate. The mother stated at different times that the land was to be his after her death and it was so understood and reputed in the neighborhood. She received rent from the son and others who worked the land. The mother died in 1909, and in 1910 the plaintiff sued to set aside the deed for fraud and to partition the land. The entry is termed by the-plaintiff a preemption and by the defendant a homestead, and both claim under the provisions of section 2291 of the Revised Statutes of the United States and both plead the statute-of limitations. Held, that under section 2291 the widow on completing the entry after the death of her husband became entitled to a patent and the absolute ownership of the land.</p> <p>2. Cotenants — Adverse Possession — Deed—Claim of Owner- ' ship. Assuming that the entry was in fact made under the act of Congress of August 11, 1876 (19 U. S. Stat. at Large, p. 127) providing for settlement upon and purchase of Osage ceded land at $1.26 per acre, and assuming, without deciding, that upon completion of the payments by the widow the patent should have issued to the heirs, then the deed in quest