Wichita Natural Gas Co. v. Ralston

Citations

• 81 Kan. 86
• 105 P. 430
• 1909 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homesteads — Alienation — Easement — Consent of Husband and Wife — Interference Enjoined. Where a husband and wife own and occupy a farm as a homestead and each of them consents that a gas company may lay its pipe line across their land, and relying upon such consent the gas company at great expense lays its pipe upon and across the premises, the owners have no right forcibly to remove or injure such pipe line, and upon threatening or attempting to do so may be enjoined.</p> <p>2. - Joint Consent of Husband and Wife. Where in such a case the gas company commences an action to enjoin the owners from forcibly destroying or injuring the completed pipe line, and in such action it appears that the husband and wife each expressly consented that the pipe line might be placed upon the homestead, the question as to whether such consent was given jointly or not is immaterial.</p>