Gibson v. Uppenkamp

Citations

• 83 Kan. 74
• 109 P. 781
• 1910 Kan. LEXIS 473

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Release—Evidence. An entry upon the appearance docket of a charge for the release of a mortgage and the cancellation of the accompanying note is not evidence that the mortgage has been released.</p> <p>:2. - Record Destroyed — Special Act Directing Re-recording — Failure to Record. Chapter 107 of the Laws of 1899, providing for the re-recording of mortgages in Kearny county, the previous record whereof had been destroyed by fire, does not give any greater effect to the failure to have a mortgage recorded as directed than would have resulted from a failure to record it in the first instance.</p> <p>:3. Registration Laws — Purpose—Notice. The general purpose of registry laws to impart notice to creditors and purchasers applies to the act referred to in paragraph 2 as well as to the general statute providing for the registry of instruments affecting real estate.</p> <p>-4. --Purchaser of Tax Title Unaffected by Failure to Record Mortgage. A party claiming property solely by virtue of a tax deed is unaffected by the record of instruments having no relation to such tax title, and can gain no advantage by the failure to record such instruments.</p> <p>■'5. -• Special Statute Barring Foreclosure of Mortgages Not Re-recorded — Construction. The declaration of the statute of 1899 (ch. 107, §2), that the holder of a mortgage which has not been recorded as directed by that act shall be Mrred from foreclosing it, means that he shall not be allowed foreclosure against interests or liens acquired by one whose title or interest in the property may be affected thereby, and who has a right to rely upon the record for notice.</p>