Towle v. Towle

Citations

• 81 Kan. 675
• 107 P. 228
• 1910 Kan. LEXIS 413

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homesteads — Statute of Descents and Distributions Not in Conflict with Constitutional Provision. Sections 5 and 6 of the statute of descents and distributions (Gen. Stat. 1901, §§2507, 2508), providing for the distribution of the homestead of an intestate, are not in conflict with the provision- of section 9 of article 15 of the constitution exempting the homestead from forced sale under any process of law. -</p> <p>2. - Construction of Homestead Laws. The homestead laws embrace not only the constitutional provision (art. 15, § 9) but also the provisions with reference to the homestead in the statute of descents and distributions (Gen. Stat. 1901, ch. 33) and the statute of exemption's (Gen. Stat. 1901, ch. 38).</p> <p>3. -- Partition — “Forced Sale.” The sale of a homestead in partition under-the provisions of section 6 of the statute, of descents and distributions (Gen, Stat. 1901, § 2508) is not a “forced sale” within the meaning of that term as used in section 9 of article 15 of the constitution.</p> <p>4. --- Legislative Powers Respecting Homestead Right. While the legislature is without power to enact a- law limiting or restricting the homestead right guaranteed by section 9 of article 15 of the constitution, it has the power to enact laws which in effect add to or increase the exemptions provided by the constitution.</p>