Searle v. Gregg

Citations

• 67 Kan. 1
• 72 P. 544
• 1903 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgage- — Exempt Property. A chattel mortgage of exempt property owned by a husband and wife, executed by the wife alone without the consent of the husband, is invalid.</p> <p>2. - Void for Duress. The execution of a mortgage by a wife for a debt of her husband, procured by threats of mischief and injury to her property which prevented the exercise of free will and consent, will be regarded as having been made under duress, and the mortgagee acquires no rights under it.</p>