58-2606. Action by resident surviving partner; proceedings; judgment. - Kansas Statutes

58-2606

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 26.--TOWNSITES, LOTS AND PLATTED LANDS

      58-2606.   Action by resident surviving partner; proceedings; judgment.In case of the death of a partner, heretofore or hereafter, leavingminor heirs, or in case of the adult heirs residing in the county where thelands are, refusing to acknowledge and file a plat of such townsite, or incase of the nonresidence of any surviving partner or of any joint owner nota partner in such townsite, the resident surviving partner may commence anaction in the district court where the land or the greater part thereof issituated, against such heirs or nonresident partners or joint owners, andmay join them all in one action; and if it should be made to appear to thecourt that the plaintiff and said decedent in his or her lifetime by theirmutual agreement devoted such land or any part thereof to division or sale as townor city lots, blocks or shares, for the profit of said plaintiff and saiddecedent, that said decedent died without having executed the conveyancenecessary to convey his or her interest therein to the several purchasersof lots, blocks or shares, and that a part of the defendants are heirs of suchdecedents, and it not appearing that such mutual agreement was abrogated orannulled during the lifetime of the decedent, the court shall render ajudgment stating who of said defendants are heirs of said decedent, and thetime of the death of the decedent, and adjudging that the plaintiff issurviving partner of such decedent, and held said land as such, and as suchentitled to sell and convey all the right, title and interest of thedefendants therein.

      The same proceedings shall be had in the case of nonresident jointowners, they holding a minority of interest in said land, whether they haveagreed to the laying out and sale of said land as town lots, or not,provided those holding a one-half or greater interest in said lands have soagreed; and if such is made to appear to the court, the same judgment shallbe rendered as in the case of the heirs of a deceased partner or jointowner, and the parties defendant to such proceedings may be served withprocess, actually or constructively, as is prescribed in the code of civilprocedure in cases where defendants are unknown or are nonresidents.

      Such judgment shall describe the lands adjudged to be conveyed; andthereafter the deed of such plaintiff holding the title purporting toconvey all the interest of said heirs or of said deceased partner, at thetime of his or her death, or of said adult joint owner, shall be sufficient toconvey to the purchaser all the interest and title of said heirs and jointowners; and such judgments may be recorded by the register of deeds of thecounty where the lands lie, and when so recorded shall have the same forceand effect as a deed.

      History:   G.S. 1868, ch. 109, § 17; Oct. 31; R.S. 1923, 67-606.