Walz v. Keller

Citations

• 102 Kan. 124
• 169 P. 196
• 1917 Kan. LEXIS 232

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homestead- — ■Lease and Contract Not Signed by Wife — Absolutely Void. A homestead right attaches to land obtained under a contract of purchase where the purchaser and his wife occupy the land as a residence, and a new contract modifying the contract of purchase and stipulating for a surrender of possession in certain events, and also a contract ,of lease executed between the purchaser and the seller, none of which were signed by the wife and to which she gave no consent, are absolutely void.</p> <p>2. Same — Defense to Action on Void Contracts. Although the homestead may be sold for the payment of obligations contracted for its purchase,' the purchaser and his wife are not precluded from defending the homestead right as against actions brought by the seller for rent and forcible detainer based on the void contracts above mentioned.</p>