Hannon v. Sommer
United States Circuit Court
This is a bill to foreclose a mortgage executed by respondent to Ambrose L. Van Dusen, who has since deceased. The property mortgaged (160 acres of land), was, at the time of the execution of the mortgage, and for a long time prior thereto, occupied as a homestead by respondent and his minor children. The wife of respondent died in May, 1876, seized in fee of the premises, and being then, with her husband and children, in possession and occupying the same as a homestead.
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This is a bill to foreclose a mortgage executed by respondent to Ambrose L. Van Dusen, who has since deceased. The property mortgaged (160 acres of land), was, at the time of the execution of the mortgage, and for a long time prior thereto, occupied as a homestead by respondent and his minor children. The wife of respondent died in May, 1876, seized in fee of the premises, and being then, with her husband and children, in possession and occupying the same as a homestead. By the law of this State, the title passed at the death of the wife, by descent, to the respondent and his children, one…
1Opinion of the Court
McCrary, Circuit Judge.
The constitution of the State of Kansas provides as follows: (Art. 15, Sec. 9.)
“A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, *273occupied as residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale, under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the…
2Cases cited2 opinions
- Dayton v. DonartSupreme Court of Kansas · 1879
- Salamanca Township v. Jasper County, Mo., BankSupreme Court of Kansas · 1879