Locke v. Redmond
Court of Appeals of Kansas
Error from Nemaha District Court. Hon. J. F. Thompson, Judge. On July 15, 1890, Margaret Redmond was adjudged insane, and her husband, James Redmond, was appointed her guardian. About August, 1890, Redmond, as guardian, procured an order of the probate court permitting him to mortgage the family homestead. He executed this mortgage to the plaintiff in error both in his individual capacity and as guardian for his insane wife.
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Error from Nemaha District Court. Hon. J. F. Thompson, Judge. On July 15, 1890, Margaret Redmond was adjudged insane, and her husband, James Redmond, was appointed her guardian. About August, 1890, Redmond, as guardian, procured an order of the probate court permitting him to mortgage the family homestead. He executed this mortgage to the plaintiff in error both in his individual capacity and as guardian for his insane wife. On September 15, 1891, the wife was duly declared sane, and on the same day paid to the plaintiff in error an instalment of interest on the mortgage. At the time of this…
1Opinion of the CourtMcElroy, J.
The plaintiff in error discusses but one proposition. As stated in the brief, it is as follows :
“The joining of the guardian of an insane spouse under an order of the probate court regularly obtained therefor under chapter 60, General Statutes of 1889, with the same spouse in a mortgage on the homestead (title to which is in the same spouse) is such a joint consent as contemplated by our constitutional provision (Constitution, art. 15, § 9 ) relating to incumbering the homestead.”
1 homllteao’fvittout joint consent and wife, void Any attempt to alienate the homestead without the joint consent…
2Cases cited2 opinions
- Chambers v. CoxSupreme Court of Kansas · 1880
- Howell, Jewett & Co. v. McCrieSupreme Court of Kansas · 1887
3Cited by17 opinions
- Didlake v. Standard Ins. CoCourt of Appeals for the Tenth Circuit · 1952
- Goldsborough v. HewittSupreme Court of Oklahoma · 1909
- State ex rel. United Railways Co. v. Public Service CommissionSupreme Court of Missouri · 1917
- Hawkins v. CorbitSupreme Court of Oklahoma · 1921
- Long v. TalleySupreme Court of Oklahoma · 1921
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