Ralph v. Ball

Citations

• 100 Kan. 460
• 164 P. 1081

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Limitation of Action — Will—Deed by Minor Devisee — Disaffirmance— Partition — Ejectment. The devisee in a will probated in 1894 was given real property, provided a life tenant under the will died without leaving issue surviving her. In April, 1898, the devisee, who was then a minor, executed a deed of the property to the life tenant, without consideration. In December, 1898, the devisee attained her majority. In April, 1900, the life tenant died without issue surviving her. In December, 1901, the devisee disaffirmed the deed. In July, 1914, she commenced an action to recover the property from the husband of the life tenant, who claimed adverse possession from April, 1898; Held, the action was not barred by either section 15 or section 16 of the civil code, and section 16 does not apply by analogy in determining whether or not the deed was disaffirmed within a reasonable time.</p>