Repealed

58-312. History: L. 1889, ch. 176, § 1; L. 1901, ch. 103, § 1; R.S. 1923, 58-312; L. 1965, ch. 564, § 410; Repealed, L. 1994, ch. 250, § 4; July 1. CASE ANNOTATIONS 1. Effect of insanity of one of parties; replevin; priority; evidence. State Bank v. Norduft, 2 Kan. App. 55, 59, 43 P. 312. 2. Exemption laws may be waived for rent without wife joining. Kroenert v. Mead, 59 Kan. 665, 666, 54 P. 684. 3. Mortgage signed by husband alone, valid only against unexempt property. Skinner v. Bank, 63 Kan. 842, 844, 66 P. 997. 4. Mortgage void unless both husband and wife consent to same. Alexander v. Logan, 65 Kan. 505, 507, 70 P.339; Searle v. Gregg, 67 Kan. 1, 3, 72 P. 544. 5. Mortgage on exempt threshing machine requires joint consent. Jackman v. Lambertson, 71 Kan. 138, 80 P. 55. 6. Provision of this section not applicable to purchase-price mortgage. Boggs v. Kelly, 76 Kan. 9, 11, 90 P. 765. 7. Husband may deliver property to creditor without consent of wife. Beach v. Fireovid, 84 Kan. 357, 359, 114 P. 206. 8. Wife establishing exempt quality not estopped by representations of husband. Wickham v. Bank, 95 Kan. 657, 658, 149 P. 433. 9. Wife's consent not procured; mortgaged property held not exempt. Bank v. Shepherd, 105 Kan. 206, 207, 182 P. 653. 10. Mortgage to secure purchase-price of automobile; consent of wife. The State v. Perkins, 112 Kan. 455, 456, 210 P. 1091. 11. Cited in action to enforce bank stockholder's double liability. Glenn v. Callahan, 125 Kan. 44, 48, 262 P. 583. 12. Right of wife to intervene in action on mortgage upheld. Hoxie State Bank v. Vaughn, 137 Kan. 648, 651, 21 P.2d 356. 13. Mortgage of "family library" invalid unless signed by husband and wife; section does not prohibit sale of exempt property by husband. Lupton v. Merchants Nat'l Bank, 140 Kan. 615, 620, 38 P.2d 125. 14. Mortgage of hotel clerk's exempt automobile requires joint consent. Foster v. Foster, 144 Kan. 528, 61 P.2d 1350. 15. Applies to property held in name of either husband or wife; mortgage void unless jointly consented to and jointly executed. Morris Plan Co. v. Buttel, 162 Kan. 228, 229, 230, 231, 232, 233, 175 P.2d 100. 16. Section not applicable to purchase-price mortgage; who may raise exemption question. Bankers Investment Co. v. Meeker, 166 Kan. 209, 212, 201 P.2d 117. 17. Wife's consent not procured; mortgage of exempt personal property invalid. Emporia Wholesale Coffee Co. v. Rehrig, 173 Kan. 841, 845, 252 P.2d 590. 18. Sale of exempt tractor by husband held subterfuge; mortgage void. White Star Machinery & Supply Co. v. Roulston, 178 Kan. 481, 485, 487, 289 P.2d 749. 19. Husband's transfer of property to wife in anticipation of divorce taxable event, rather than property division. Wiles v. C.I.R., 499 F.2d 255, 256. 20. Cited in holding one spouse may not sue the other for torts occurring during marriage. Guffy v. Guffy, 230 Kan. 89, 95, 631 P.2d 646 (1981). 21. Security agreement did not meet requirements for enforceable security agreement. In Re Swearingen, 27 B.R. 379, 380, 384 (1983). 22. Spouse does not acquire joint interest in all property belonging to other spouse by virtue of marriage. In re Oetinger, 49 B.R. 41, 43 (1985). 23. Lien on personal property not consented to by spouse void to extent that mortgaged property is exempt. In re Schroeder, 62 B.R. 604, 605, 606 (1986). 24. Certificate of title and effect of statute regarding bank's security interest in bankruptcy action noted. Bird v. Plains State Bank, 86 B.R. 660, 663 (1988). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026