Randolph v. Wilhite

Citations

• 78 Kan. 355
• 96 P. 492
• 1908 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homesteads — Occupancy. The owner of city lots occupied as a homestead purchased a tract of land in the country with the present intention of making it his homestead. He could not occupy it until certain improvements were made. Before the purchase, but in view of it, he agreed to convey the city lots to one who was to pay for them by making the necessary im-1 provements on the country tract. This agreement, although oral, was executed on both sides without delay, and as soon as the country tract was ready for occupancy the owner left the city lots, moved upon it, and made it his homestead. The country tract was deeded on June 1, the city lots on June 20, and the removal was made on July 6, all of the same year. Held: (1) The actual occupancy of the country tract related back to the time the land was purchased with the intention of making it a homestead, and the purchaser took title free from the lien of judgments against him. (2) The homestead character of the city lots ended when for purposes of the law the occupancy of the country place is treated as having begun. (8) The conveyance of the city lots related back to the date of the oral agreement upon which it was founded.</p>