58 Kan. 215 | Kan. | 1897
W. J. Eldridge was the owner of a forty-acre farm, situated in Crawford County, which he, with his family, occupied as a residence and homestead. In January, 1886, he and his wife joined in a lease of a part of the tract to the Girard Nursery Company for a period of ten years, with the privilege of re-renting it for another term of ten years. The absolute control of a portion of the tract on which his home and buildings were situated, was reserved. Under the terms of the lease, the rented portion was to be used by the company for propagating and handling nursery stock and carrying on the nursery business. It was stipulated that the rental should be two hundred dollars per year, payable in semi-annual installments of one hundred dollars on the first days of June and December each year. It was provided that, if default was made in the payment of rent or there was a breach of any of the covenants of the lease, the Eldridges might re-enter and take possession, the company waiving notice to quit; and there was the further provision that, at the termination of the lease, the company should deliver up the premises to the Eldridges. When the lease was executed, and for some time afterward, Eldridge was an officer and stockholder in the company. Buildings were • erected on the leased premises, by the company, which were used as an office and for handling nursery stock. About four years after the lease was executed, a dispute arose- between Eldridge and the company as to the extent of the leased premises, and the company erected a picket fence around the portion which it claimed was included in the lease. The dispute
The objections made to the record are deemed to be without merit, and will not prevent the consideration
It is contended that the homestead exemption is a personal privilege of the debtor, to be claimed alone by him, and, as the Eldridgeá were in default in the trial court, Pitney cannot claim a homestead for them and raise a question as to the homestead character of the land. It has been held that, whenever a contest
Under the facts, the mortgages were entitled to preference oyer the lien claimed upon the judgment; hence the judgment of the District Court will be reversed, and the cause remanded with directions to enter judgment giving priority to the mortgage liens.