Vanek ex rel. Ainsworth v. Vanek

Citations

• 105 Kan. 388
• 184 P. 731
• 1919 Kan. LEXIS 90

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Cancellation of Deed — Minority of Grantor — -Homestead —Findings Support the Judgment. A widow brought suit in ejectment , and to cancel a deed executed and delivered by her deceased husband in his lifetime, in which she joined, her claim being that from the time of her marriage and until her husband’s death the real estate was occupied by her husband and herself as their homestead; that she continued to occupy it as her homestead after his death; and that the deed which purported to convey the title was without consideration, and further was void because at the time she executed it she was and at the time of the commencement of the action was yet a minor under the age of eighteen years. The findings, sustained by evidence, are to the effect that after the marriage of plaintiff the real estate in controversy was never in the possession nor occupied by plaintiff and her husband as their homestead; that the equitable title belonged to the defendants, the naked legal title resting in plain- ' tiff’s husband; and that the deed was made to carry out and complete ■ a contract given for a valuable consideration, the terms of which had been fully complied with. Held, that the findings compel a judgment in favor of the defendants.</p> <p>2: Same — Pleadings—Competent Evidence Under General Denial. On the facts stated in the foregoing paragraph, the defendants were entitled under a general denial to show a paramount equitable title which carried with it the right of possession; and a written contract between the plaintiff’s husband and the defendants executed prior to the marriage of plaintiff, by which he agreed for a valuable consideration to convey the property to the defendants, was competent evidence to sustain the defendants’ claim.</p>