Coughlin v. Coughlin
Supreme Court of Kansas
Error from Cloud District Court. August 16, 1880, by an agreement in writing between Richard Coughlin and D. J. Smith, the former, without the consent of his wife, Mary J. Coughlin, and against her will, leased to the latter for a term of five years from March 1, 1881, and at a yearly rental of $360, his two farms situate in Cloud county, one thereof being then occupied by him as his homestead. Under this agreement Smith obtained partial possession of the homestead.
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Error from Cloud District Court. August 16, 1880, by an agreement in writing between Richard Coughlin and D. J. Smith, the former, without the consent of his wife, Mary J. Coughlin, and against her will, leased to the latter for a term of five years from March 1, 1881, and at a yearly rental of $360, his two farms situate in Cloud county, one thereof being then occupied by him as his homestead. Under this agreement Smith obtained partial possession of the homestead. The wife brought an action against her husband and Smith to oust the latter and prevent his possession and enjoyment of said…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question presented for our consideration is, whether the husband may, without the consent of his wife, execute a lease of a homestead, the title of which is in his own name, and give possession thereof to a tenant, when the lease interferes with the possession and enjoyment of the premises by the wife as a homestead. Sec. 9 of art. 15 of the constitution of the state ordains : “ That a homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a…
2Cases cited3 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Helm v. HelmSupreme Court of Kansas · 1873
3Cited by18 opinions
- Bank of Kansas v. DavisonSupreme Court of Kansas · 1993
- State Ex Rel. Apt v. MitchellSupreme Court of Kansas · 1965
- Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
- Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
- Hawkins v. CorbitSupreme Court of Oklahoma · 1921
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