Mid Kansas Federal Savings & Loan Ass'n v. Binter

The opinion of the court was delivered by

Harman, C.:

This is an action to foreclose a real estate mortgage wherein homestead rights are asserted by a wife as a bar to the suit because she did not consent to the execution of the mortgage.

There is no substantial dispute as to the facts. Appellant and her former husband, Doctor Paul A. Binter, owned their home in Wichita in joint tenancy. Doctor Binter died in 1958 and appellant thereby became the owner of the property which is the subject of this action. She and her three minor children have occupied the property at all times since 1955.…