The Wichita daily eagle., 1901-06-20
IS HER HOMESTEAD
Kingman County Woman
Raises a Law Point
IS A GREAT LEGAL FIGHT
And One in Which Every
Mother Is Interested.

There was red hot case IN the district
court yesterday. officers about the court
house slipped into the court room to hear
the arguments. for the big fight was over
law points, and the tables were piled full
Of court decisions. County Attorney Con-
" represented the plaintiff and I. P.
Campbell the defendant. and both attor-
neys and Judge Dale had or their coats,
and Jim Comfy had one gallus twisted
for good luck Some one Of the spectat-
ors remarked that the appearance Of
Judge Dale was mighty different from the
old-fashioned judge who wore a silk
gown
The case now creating so much interest
in Judge Dale's court when finally decid-
ed viii determine whether Mrs. Eunice J.
Lands of Kingman county and her minor
children have a right to remain on the
farm where she has lived for more than
fifteen years and where most of her chill
dren have lived ever since they were
born She is claiming the homestead on
the theory that the laws Of Kansas give
her right IN the homestead which her
husband can not deprive her Of without
her consent, and there are some mighty
nne law points raised IN this case. A
partial statement Of the case will reveal
the points at issue
In 1876 Samuel Davidson proved UP a
claim in Kingman county and gave two
mortgages on the place. Foreclosure pro-
ceedings were consummated and the land
was sold TO Kos Harris, who, In turn,
sold 1t to Lands. and he moved on the
farm in 1882. In 1884 Davidson was ad-
judged insane and was sent to an asylum,
and was discharged, cured. in July, 1893,
after whic hhe commenced proceedings
in the district court Of Kingnan county
TO have the judgment set aside, and in
1896 he won his case. the court holding
that he was entitled to possession Of the
land.
The judgment and sale were set aside In |
1896 and three years later when there was
an attempt made to get possession Mrs. |
Lands claimed that she had never re-
leased her homestead right to the farm. |
and she refused to give possession The |
case got into court again to remove the |
Landis family, when Mrs. Lands fled an 1
for an injunction restraining |
the county officers Of Kingman county |
them. The matter is before Judge Dale /
On the injunction proceedings.
Mr.. Comfy is claiming that the suit
against Mr.. lands In which his wife was
not & party did not deprive her of her
homestead rights nthe farm. Mr.. Camp
bell claims that when Lands lost his
case in the K1ngman county court Mrs.
Lands had no right to the property, ana
he read a decision of Judge Williams OF
he federal court, in which he said that
l man and his wife could not claim two
lomesteads, and that when a man made
home and liver there that was the resi-
lence of his wife. He claimed that when
he court decided that lands had no
ega1 right to the farm his wife could not
AVE any homestead right IN It In an
wer to this Mr.. Comfy points out that
he moved to this place under shadow of
tile and for more than fifteen years had
leld undisputed possession and that no
ction Of her husband could cause Mrs.
.andis to forfeit her homestead rights.
The outcome OF the case viii be watch
d with a good deal of interest. II Mrs.
4andis gains her point it VIII mean that
yhen the title Of a homestead is brought
n question no proceedings against the
husband can affect the wife unless she
5 made a party 10 the suit. Just now
his would work IN cases where men ,
their land before they are mar ]
led and the wife makes her home on the !
lace before the mortgage becomes due,
as not been stated.
Allen Halverson of West Prairie, Wis,
ays: People come ten miles to buy
'OLEY'S KIDNEY CURE" while J. A.