Scholz v. Hoth

Citations

• 94 Kan. 205
• 146 P. 339
• 1915 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Agreement — Between Father and Son — Legal Title to Land Held by Father — Equitable Title in Son — Question of Fact for Jury. The evidence examined and held sufficient to warrant the submission to the jury of the question whether or not a tract of land was purchased under an agreement between a father and son that the son should own the land and that the legal title should be held by the father, to whom the land was deeded, until a portion of the purchase price advanced by the father was repaid.</p> <p>2. Same — Evidence. It is not essential that the agreement referred to be established by direct evidence. It may be inferred from facts and circumstances.</p> <p>3. Same — Interest of Wife in Land to Which Her Husband Has Naked Legal Title. Should the agreement be established, upon the death of the father his widow would have no interest in the land under section 2942 of the General Statutes of 1909, providing that one-half in value of all real estate in which the husband at any time during the marriage had a legal or equitable interest, not sold at judicial sale, not necessary for the payment of debts, and of which the wife has made no conveyance, shall be set apart as her property in fee simple.</p>