58-2330. Same; limitation of actions to set aside. - Kansas Statutes

58-2330

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

      58-2330.   Same; limitation of actions to set aside.Any holder of any mortgage or the assignee or the administrator orexecutor of any deceased mortgagee or deceased assignee, or the heirs orlegatees of any deceased mortgagee or deceased assignee of any mortgagewhich is defectively released or assigned, and which has remainedunchallenged on the records for a period of more than five (5) years priorto the taking effect of this act, and more than five (5) years have elapsedsince the time the indebtedness secured by such mortgage became due andpayable shall have one (1) year from July 1, 1957, in which to commence anaction in the district court of the county where the land is situated, toset aside such assignment or release, and, if such action by any mortgageeor assignee or the administrator or executor of any deceased mortgagee ordeceased assignee, or the heirs or legatees of any deceased mortgagee ordeceased assignee, shall not be commenced within one (1) year from July 1,1957, then such mortgagee or assignee thereof, or any holder of saidmortgage shall forever be barred from bringing any action in any court ofthe state of Kansas, to set aside such assignment or release:Provided, That this amendment shall not revive any rights or actionspreviously barred.

      History:   L. 1941, ch. 283, § 2; L. 1957, ch. 352, § 2; July 1.