Sullivan v. City of Wichita

Citations

• 64 Kan. 539
• 68 P. 55
• 1902 Kan. LEXIS 239

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homesteads and Exemptions — Alienation—Joint Consent. The joint consent of husband and wife to the alienation of their homestead, required by the constitution, need not be in writing, but may be evidenced by acts in pais showing a concurrence between them in point of time and intent to the alienation.</p> <p>2. -Water Easement — Sufficient Evidence of Joint Consent to Alienation. An arbitration agreement, signed by a husband and wife on the one side and other persons on the other side, which describes the sub j ect of the arbitration as the damages accruing and about to accrue to the homestead of the former on account of the erection of a water dam and the excavation of an aqueduct thereon by virtue of a “grant” made by the husband and wife, which agreement is followed by an award of damages and its payment, the building of the dam and the digging of the aqueduct at much labor and expense, all with the knowledge and consent of the husband and wife, and the use of the water easement for many years without objection by them, together constitute sufficient and satisfactory evidence of joint consent by the husband and wife to the alienation of an irrevocable grant of easement on and over their homestead.</p>