Petersen v. Skidmore

Citations

• 108 Kan. 339
• 195 P. 600
• 1921 Kan. LEXIS 43

Syllabus

<p>SYLLABUS BY THE. COURT.</p> <p>1. OIL AND Gas Lease — Interferes with Homestead, Rights and Possession. An oil and gas lease on a homestead giving the right to lay pipe lines and- to build tanks, power stations, and structures thereon, interferes with the homestead rights and possession.</p> <p>2. Same — On Homestead — Must Have Joint Consent of Husband cmd Wife. To give a valid oil and gas lease on a homestead, the husband and wife must give their joint consent thereto.</p> <p>3. Same — On Homestead — Wife in Insane Asylum — Lease Void. An oil and gas lease on a homestead is void where the lease is given by the owner whose wife had been adjudged insane and was confined in a state hospital for the insane at the time.</p> <p>4. Same — Husband Accepting a Money Rental on Lease — Not Estopped from Bringing Action to Cancel Void Lease. A husband is not es-topped by accepting a money consideration for a lease, nor by accepting a money rental thereon, from prosecuting an action to cancel the lease where the lessee knew at the time he took it that the land was the homestead of the owner and his Wife and that the wife had been adjudged insane and was then confined in a state hospital for the insane.</p>