Tucker v. Finch

Citations

• 106 Kan. 419
• 188 P. 235
• 1920 Kan. LEXIS 531

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Conveyance of Homestead — Contract Signed by Husband Alone — No Ratification by Wife. A wife who involuntarily joins with her husband in signing a deed conveying their homestead to a third party does not thereby ratify a contract for the conveyance of the homestead, signed by the husband alone without the knowledge or consent of the wife.</p> <p>2. Same — Deed Conveying Homestead — Evidence Showing Wife Signed Under Duress. A wife who claims that under duress by her husband she signed a deed conveying their homestead to a third party, where objection is not made, may testify, in an action brought to compel specific performance of a contract to convey their homestead signed .by the husband alone without the knowledge or consent of the wife, that she did not sign the deed voluntarily and of her own free will and consent.</p> <p>3. Same — Contract for Conveyance of Homestead — Signed by Husband Alone — Not Enforceable — No Damages Recoverable. Specific performance of a contract for the conveyance of a homestead cannot be compelled where the husband alone signed the contract without the knowledge or consent of his wife, and damages cannot he recovered from the husband for his failure or refusal to convey the homestead according to the terms of the contract.</p>