Shay v. Bevis Rock Salt Co.

Citations

• 72 Kan. 208
• 83 P. 202
• 1905 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homesteads — Lease by the Husband — Abandonment—Estoppel. A lease giving the right to mine and take salt from a tract of land occupied as a homestead was executed by the owner, but his wife did not join in its execution, and when informed of it questioned his right to lease the land without her consent. No protest or objection, however, was made to the lessee, although a large amount of money was expended in making improvements and in operating the mine under the lease. She was frequently at and near the mine and in contact with those operating it, and knew that much money was being invested to carry on the work in pursuance of the lease. Later she and her husband abandoned the homestead, after which, for a number of years, the lessee continued to operate the mine and to make substantial improvements, with the knowledge of both the lessor and his wife; but neither objected nor questioned the validity of the lease, and the attitude of both was that of assent and acquiescence in its validity. Held, that they and their grantee, who had notice of the transactions, are equitably estopped to assert that the lease is invalid.</p>