Thompson v. Millikin

Citations

• 102 Kan. 717
• 172 P. 534
• 1918 Kan. LEXIS 127

Syllabus

<p>SYLLABUS BY THE COURT.,</p> <p>1. Homestead — Conveyance Executed by Wife Alone — Void. Upon the facts stated in the opinion it is held that the instruments relied on by the defendants, affecting the plaintiff’s homestead, are void because executed by her alone, the husband not joining therein or consenting thereto.</p> <p>2. Limitation of Actions — Defendant’s Absence from State. The finding that on account of the defendant’s absence from the state the plaihtiff’s action was not barred, held to be supported by the evidence.</p> <p>3. Homestead — Occupied by Family of Owner — Voluntary Absenc'e of Husband. The homestead provided for by the constitution is one occupied as a residence by the family of the owner. The title being in the wife, who remained in possession with her children, the homestead • character of the property in question was not destroyed or impaired by the voluntary absence of the husband.</p> <p>4. Same — Occupied by Wife and Children — Effect of Husband Acquiring Another Homestead in Oregon. The fact that the husband entered and proved up on a homestead in Oregon, describing himself as single and unmarried — the law of that state requiring that a homestead be occupied only by some member of a family — did not of itself have the effect to deprive him of his husband’s interest in the homestead occupie'd by the wife and children, so as to validate the instruments in question.</p> <p>5. Samis — Conveyance by Wife Alone — Estoppel. Having in good faith explained to the grantees concerning the long absence of her husband, the plaintiff is not estopped, either by such instruments or by her conduct or acquiescence, from maintaining this action.</p> <p>6. Appeal — No Merit in Cross Appeal. ' The cross appeal of the plaintiff examined and found to present no substantial error.</p>