58-2311. Same; joinder of actions. - Kansas Statutes

58-2311

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 23.--MORTGAGES OF REAL PROPERTY

      58-2311.   Same; joinder of actions.In any action commenced in the district court to recover damagesunder the provisions of this act, the plaintiff may unite with such claim acause of action to cancel the mortgage and remove the cloud from the title;and if plaintiff recovers damages in such action, he or she shall be entitledto a further judgment canceling such mortgage and quieting the title to themortgaged premises; and where personal service of summons cannot be had onthe defendant or defendants within this state, judgment canceling suchmortgage may be rendered in the action upon proof of due service bypublication, or upon due personal service obtained out of this state.

      History:   L. 1889, ch. 175, § 3; March 6; R.S. 1923, 67-311.