Adams v. Gilbert
Supreme Court of Kansas
Error from Sedgwick district court; D. M. Dale, judge. STATEMENT. This was the action of Adams in ejectment for a residence property in the city of Wichita. It had been occupied by himself and family as their homestead prior to October 20, 1893. His wife had been adjudged insane and was confined in an asylum.
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Error from Sedgwick district court; D. M. Dale, judge. STATEMENT. This was the action of Adams in ejectment for a residence property in the city of Wichita. It had been occupied by himself and family as their homestead prior to October 20, 1893. His wife had been adjudged insane and was confined in an asylum. On that date he conveyed, by warranty deed, to one Foster, who was his friend, the conveyance being made for the purpose of putting the property beyond the reach of his creditors, he not knowing that the same was exempt. He, however, continued to occupy the premises with his children as…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J.:
The deed to Foster was ineffectual at the time of its execution as a muniment of title, the property conveyed then being the homestead, and the deed not having received the joint consent of husband and wife. While the marriage relationship continued and the property was occupied as a homestead, no act of the husband could be efficient .to ratify or confirm such deed. The husband might by his actions, words, or silence, when he should have spoken, confirm a deed to the homestead executed by himself alone, or estop himself from denying its…
2Cases cited2 opinions
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