Schloss v. Unsell

Citations

• 114 Kan. 69
• 216 P. 1091
• 1923 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homestead — Widower Without Dependents or Minor Children May Waive Homestead Rights. A widower, without dependents or minor children, engaged with another in a mercantile business, may waive his homestead rights in favor of a wholesale house in a written application to that house for the purchase of goods on credit.</p> <p>,2. Same — Waiver 6} Homestead Rights — Bankrupt Debtor — Creditor May Resort to Homestead. A creditor who has a valid waiver of homestead rights by his debtor, who is adjudged a bankrupt, may resort to the homestead property for the payment of the remainder of his claim after that claim has been allowed against the bankrupt’s estate without any reference to the waiver of homestead rights and after the creditor has received substantial dividends thereon from the bankrupt’s estate.</p>