58-2231. Instruments recorded prior to 1868 as notice. - Kansas Statutes

58-2231

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 22.--CONVEYANCES OF LAND

      58-2231.   Instruments recorded prior to 1868 as notice.All instruments of writing now copied into the proper books of theoffice of register of deeds of the several counties of this state, shall,upon the passage of this act, be deemed to impart to subsequent purchasersand encumbrancers, and all other persons whomsoever, notice of all deeds,mortgages, powers of attorney, contracts, conveyances, or otherinstruments, so far as, and to the extent that, the same may be foundrecorded, copied or noted in said books of record, notwithstanding anydefects existing in the execution, acknowledgment, recording or certificateof recording the same; and the record of any such instrument, or a dulyauthenticated copy thereof, shall be competent evidence whenever, by theparty's own oath or otherwise, the original is shown to be lost, or notbelonging to the party wishing to use the same, or not within his or hercontrol: Provided, That nothing herein contained shall be construed toaffect any rights heretofore acquired in the hands of subsequent grantees,assignees or encumbrancers.

      History:   G.S. 1868, ch. 22, § 28; Oct. 31; R.S. 1923, 67-231.