Chapter 58 — PERSONAL AND REAL PROPERTY

58-101. History: L. 1915, ch. 369, § 1; R.S. 1923, 58-101; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Act is constitutional; term "creditor" includes creditors generally. Burnett v. Trimmell, 103 Kan. 130, 173 P. 6. 2. Bulk-sales act; effect on exempt…

58-102. History: L. 1915, ch. 369, § 2; R.S. 1923, 58-102; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Cited as indicating equitable distribution should be made to creditors. Wholesale Grocery Co. v. Milling Co., 116 Kan. 534, 537, 227 P. 374. 2. Neces…

58-103. History: L. 1915, ch. 369, § 3; R.S. 1923, 58-103; Repealed, L. 1965, ch. 342, § 12; January 1, 1966. CASE ANNOTATIONS 1. Buyer not liable to creditor omitted from verified list. Highway Sign and Servicing Co. v. Scott, 134 Kan. 658, 660, 8 P.2d 391. 2. Word "ordinary" us…

58-104. History: L. 1915, ch. 369, § 4; R.S. 1923, 58-104; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Not applicable to sale under judicial process; mortgage foreclosure. Faeth Co. v. Bressie, 125 Kan. 425, 427, 264 P. 1077. 2. Disposal of goods and f…

[Repealed or reserved.]

58-201. Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods, personal property, chat…

58-202. Lien enforcement and foreclosure; time restrictions; destruction of records. Such lien may be enforced and foreclosed as security agreements are enforced under the provisions of the uniform commercial code. Any legal action necessary to enforce or foreclose upon any such …

58-203. Lien for threshing or husking. Any person operating a threshing machine, or engaged in the business of threshing and harvesting grain or grain crops, shucking, husking or gathering of corn, either by hand or by machinery, for others, who shall under contract with the owne…

58-204. Lien statement to be filed with register of deeds; fee. Any person claiming a lien as provided in K.S.A. 58-203, and amendments thereto, shall file in the office of the register of deeds of the county in which the threshing or harvesting is done, a statement in writing, d…

58-205. Assignment lien; time for bringing action. Any lien created by this act may be assigned, and may be enforced by the person entitled thereto, by action brought against the owner of said grain, or grain crop, or any secured party, lien claimant, or against any purchaser who…

58-206. Selling, disposing or secreting grain with intent to defraud; criminal penalty. Any person who shall be guilty of selling, disposing or secreting any grain, upon which a lien exists by virtue of and under the provisions of this act, with intent to defraud the person entit…

58-207. Lien for feed and care of livestock; sale for charges and expenses; assignment of lien. The keepers of livery stables, and all others engaged in feeding horses, cattle, hogs, or other livestock, shall have a lien upon such property for the feed and care bestowed by them u…

58-208. Lien of forwarding merchant, warehouse keeper, carrier or other bailee; advertisement of sale by carrier. Any forwarding merchant, warehouse keeper, stage, express or railway company, hotelkeeper, carrier, or other bailee not hereinbefore named, having a lien upon goods w…

58-209. Sale of animals or goods of perishable nature after thirty days. If the property bailed or kept be horses, cattle, hogs, or other livestock, or is of a perishable nature and will be greatly injured by delay, or be insufficient to pay such charges for any further keeping, …

58-210. Additional compensation for care of property taken from proceeds. Additional compensation for keeping and taking care of such property, necessarily incurred, may be taken from the proceeds of the sale as part of the charges. History: G.S. 1868, ch. 58, § 5; L. 1872, ch. 1…

58-211. Sale of property; notice required; form and content of notice. Before any such property shall be sold, if the name and residence of the owner thereof is known, notice of such sale shall be given the owner in writing, either personally or by mail, or by leaving a notice in…

58-212. Public auction sale required. All sales under this act shall be at public auction, for cash. History: G.S. 1868, ch. 58, § 7; L. 1872, ch. 142, § 7; March 21; R.S. 1923, 58-212. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents …

58-213. Proceeds of sale. The proceeds of such sale, after the payment of charges and the expenses of publication and sale, shall, if the owner be absent, be deposited with the treasurer of the county where the sale takes place by the person making such sale, he or she taking the…

58-214. Filing copies of notices, proof of publication and other papers with county clerk; evidence. Copies of the notices required by this act, and proof of the publication, posting or giving thereof, and an affidavit of the mechanic, artisan, tradesman, carrier or other bailee,…

58-215. Voluntary delivery of property as abandonment of lien; waiver by special contract. The voluntary delivery to the owner or claimant of any personal property by any person claiming a lien thereon, as provided in this act, shall be held to be an abandonment of such lien, and…

58-216. History: R.S. 1923, 58-216; Repealed, L. 1955, ch. 269, § 1; June 30. Source or prior law: L. 1887, ch. 227, § 1; L. 1915, ch. 350, § 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES…

58-217. History: L. 1915, ch. 350, § 2; R.S. 1923, 58-217; Repealed, L. 1955, ch. 269, § 1; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School …

58-218. Liens for seeding and baling broomcorn and baling hay. Any person operating a broomcorn seeder and baler, or hay baler, or engaged in the business of seeding and baling broomcorn or baling hay for others, who shall, under contract with the owners of any broomcorn or hay, …

58-219. Perfection, duration and enforcement of such liens. The lien herein provided shall be perfected in the same manner as is now provided by law in the case of threshers' liens, and shall be of the same duration and enforced and collected in the same manner as is provided in …

58-220. Agister's lien; recording notice with register of deeds; sale for charges and expenses. Any owner of pasture lands, or the trustee or agent of such owner, who shall lease or rent such pasture lands exclusively for pasture purposes to any person, copartnership or corporati…

58-221. Disposition of proceeds of sale under K.S.A. 58-220. The proceeds of such sale, after the payment of all charges and expenses of sale, and the lien of the claimant, shall be deposited with the county treasurer wherein said livestock was sold. The proceeds so deposited sha…

58-222. Lien for work, labor or materials supplied by cleaning establishments; foreclosure; notice before sale; inapplicable to stored property. Any person doing any cleaning, pressing, glazing, washing, alteration, repair, or furnishing any materials or supplies for or upon any …

58-223. Property stored after labor or materials supplied; sale, when; notice to owners; inapplicable to warehousemen. All garments, clothing, wearing apparel, or household goods placed in storage, or on which any of the services or labors mentioned in the preceding section of th…

58-224. Notice requirements; cost of posting. The mailing of a registered or certified letter with a return address marked thereon, addressed to the owner or owners, at their address given at the time of delivery of the article or articles to a person, firm, partnership, or corpo…

58-225. Disposition of overplus from sale. The person, firm, partnership, or corporation to whom the charges are payable, shall, from the proceeds of sale deduct the charges due plus the cost of notifying the owner and shall hold the overplus, if any, subject to the order of the …

58-226. Posting notices in receiving offices. All persons, firms, partnerships, or corporations taking advantage of this act shall keep posted in a prominent place in their receiving office or offices at all times two (2) notices which shall read as follows: "All articles cleaned…

58-227. Liens on mobile and manufactured homes; removal from leased or rented space; enforcement of lien. (a) Any person leasing or renting space for a manufactured home or mobile home site shall have a lien upon any manufactured home or mobile home situated thereon for unpaid le…

58-241. Definitions. As used in this act unless the context clearly requires otherwise: (a) "Agricultural chemical" means fertilizers, lime or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendmen…

58-242. Agricultural production input lien; notification of lender by supplier; form of lien-notification statement; letter of commitment by lender; priorities. (a) A supplier may notify a lender of a lien by delivering a lien-notification statement to the lender in an envelope m…

58-243. Effect of lien; priority; what lien attaches to; when lien attaches. (a) A supplier who furnishes crop production inputs has a lien for the unpaid retail cost of the crop production inputs. Subject to the limitations of subsection (d) of K.S.A. 58-242, the lien shall have…

58-244. Perfection of lien; priority of lien not perfected; duties of filing offices; fees. (a) To be perfected, the lien must have attached and the supplier entitled to the lien must have filed a lien-notification statement in the form provided for in K.S.A. 58-242, and amendmen…

58-245. Enforcement of lien. The holder of a lien may enforce the lien in the manner provided in K.S.A. 84-9-501 to 84-9-504, inclusive, and amendments thereto. In enforcing the lien under such statutes, the lienholder shall be considered the secured party, the person for whom th…

58-246. Action to enforce lien in district court; when lien extinguished. After a lien has been perfected, an action may be brought to enforce such lien in the district court of the county in which some part of the crop or livestock is located. A lien-notification statement may b…

58-247. Storage fee on vehicles; notice to lienholders. (a) Whenever any person, while lawfully in possession of a vehicle, renders any service or otherwise charges a fee for the protection, storage or safekeeping of such vehicle and such storage fees have accumulated for 30 days…

[Repealed or reserved.]

58-301. History: G.S. 1868, ch. 68, § 9; L. 1919, ch. 234, § 1; R.S. 1923, 58-301; L. 1935, ch. 217, § 1; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Possession of mortgagor, agent of mortgagee, insufficient against execution creditor. Moore v. Shaw, 1…

58-302. History: G.S. 1868, ch. 68, § 10; R.S. 1923, 58-302; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Sufficiency of recordation. Hayhurst v. Underwood, 126 Kan. 349, 352, 267 P. 965. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies…

58-303. History: G.S. 1868, ch. 68, § 11; L. 1903, ch. 364, § 1; R.S. 1923, 58-303; L. 1955, ch. 270, § 1; L. 1959, ch. 239, § 1; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Unless renewed the mortgage is void as against creditors. Moore v. Shaw, 1 Kan…

58-304. History: G.S. 1868, ch. 68, § 12; R.S. 1923, 58-304; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Mentioned in considering priority of mortgages. Fourth National Bank v. Hill, 181 Kan. 683, 690, 314 P.2d 312. Previous | Next LEGISLATIVE COORDINA…

58-305. History: G.S. 1868, ch. 68, § 13; R.S. 1923, 58-305; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Received as evidence only of filing, recording, etc. Griffis v. Whitson, 3 Kan. App. 437, 441, 43 P. 813. 2. Copy of mortgage and affidavit properl…

58-306. History: G.S. 1868, ch. 68, § 14; L. 1911, ch. 224, § 1; R.S. 1923, 58-306; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Fee for filing renewal affidavit of chattel mortgage. Demers v. Comm'rs of Cloud Co., 5 Kan. App. 271, 277, 47 P. 567. 2. Du…

58-307. History: G.S. 1868, ch. 68, § 15; R.S. 1923, 58-307; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Mortgagee may maintain replevin after condition broken. Brookover v. Esterly, 12 Kan. 149, 151. 2. Mortgage may contain valid stipulation for reten…

58-308. History: G.S. 1868, ch. 68, § 16; R.S. 1923, 58-308; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Right of action barred after one year; demand. Travelers Ins. Co. v. Stucki, 4 Kan. App. 424, 427, 46 P. 42. 2. Right to penalty not defeated becau…

58-309. History: G.S. 1868, ch. 68, § 17; R.S. 1923, 58-309; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Mortgagee cannot remove property to foreign county to make sale. Scott v. Davis, 4 Kan. App. 488, 494, 44 P. 1001. 2. Mortgagee may maintain replev…

58-310. History: G.S. 1868, ch. 68, § 18; R.S. 1923, 58-310; Repealed, L. 1965, ch. 564, § 416; January 1, 1966. CASE ANNOTATIONS 1. Risk of delay upon mortgagee after mortgagor demands sale. Bank v. Leslie, 72 Kan. 401, 404, 83 P. 984. 2. Mortgagor entitled to have property sold…