58-2322. Assignments prior to 1899. - Kansas Statutes

58-2322

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

      58-2322.   Assignments prior to 1899.All assignments of mortgages at present existing, bearing date prior tothe taking effect of this act, shall within four months next succeeding thetaking effect of this act be recorded in the proper county of this state,in accordance with the provisions of K.S.A. 58-2319,whether such assignments be acknowledged or not; and in case suchassignments are not recorded within the time herein provided, the paymentof any interest or principal on the debts secured by such mortgages to themortgagees or the assignees whose assignments appear last of record afterthe expiration of the time herein provided, and before the recording ofsuch assignments, shall be and constitute a complete defense to any actionon such mortgage or note or other evidence of indebtedness secured therebyas against the mortgagor, his or her heirs, personal representatives, orassigns: Provided, however, That the last assignee of an unrecorded assignmentshall have a right of action against the assignor to whom such interest orprincipal is paid: And provided further, That where the mortgagor, hisor her heirs, personal representatives or assigns have actual notice or knowledgeof such assignment or transfer, then in such case such payment shallconstitute no defense, and none of the provisions of this act shall apply.

      History:   L. 1899, ch. 168, § 4; March 15; R.S. 1923, 67-322.