Withers v. Love

Citations

• 72 Kan. 140
• 83 P. 204
• 1905 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homesteads — Insanity of Wife — Conviction of Husband — Abandonment — Alienation—Estoppel. A homestead occupied by the husband and children while the wife is insane and confined in an asylum is not abandoned by the husband’s sentence and confinement for a term of years in the penitentiary and the removal of the minor children from the homestead, and upon the pardon and return of the husband no act or conduct of his can be held to constitute an abandonment or alienation of the homestead during the lifetime of the wife and while she continues insane; nor will such acts or conduct estop him from recovering the homestead in an action begun while the wife is living. So long as the wife is living nothing the husband alone can do or suffer to be done will estop either of them from claiming the homestead. The case of Adams v. Gilbert, 67 Kan. 273, 72 Pac. 769, 100 Am. St. Kep. 456, cited and distinguished.</p>