Record of defective instruments made prior to 1901 as notice

58-2236. Record of defective instruments made prior to 1901 as notice. All deeds, mortgages, releases, powers of attorney, leases, contracts, conveyances and other instruments of writing now recorded, copied or noted in the proper books of the office of register of deeds of the several counties in the state of Kansas shall, upon the passage of this act, be deemed to impart notice to subsequent purchasers, encumbrancers, lessees and all other persons whomsoever so far as and to the extent that such deeds, mortgages, releases, powers of attorney, leases, contracts, conveyances and other instruments of writing may be found recorded, copied or noted on said books of record, notwithstanding any defects existing in the execution, acknowledgment, certificate of acknowledgment, recording or certificate of recording of the same; and the record of any such instrument or a duly authenticated copy thereof shall be competent evidence whenever, by the party's own oath or otherwise, the original is shown to be lost or not belonging to the party wishing to use the same or not within his or her control: Provided, That nothing herein contained shall be construed to affect any rights acquired prior to the passage of this act. History: L. 1901, ch. 124, § 1; May 1; R.S. 1923, 67-236. Law Review and Bar Journal References: "Survey of Kansas Law: Real Property," Michael J. Davis, 32 K.L.R. 773 (1984). CASE ANNOTATIONS 1. Technical defect in record held cured. Morrow v. Inge, 89 Kan. 481, 482, 131 P. 1184. 2. Where advances made per mortgage clause, priority granted over liens attaching after mortgage recordation but before advances made. Fidelity Savings Ass'n v. Witt, 8 Kan. App. 2d 640, 641, 642, 665 P.2d 1108 (1983). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026