People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-12-12
An Important Decision.


This decision reverses a decision of
the same court rendered last April.
1t relates to the mortgage redemption
law Of 1893. The provisions Of this
law are so important in view of the
last decision OF the supreme court
that we publish the following sections
Of it in full:
SEC. 2. The defendant owner may
redeem any real property sold under
execution, special execution, or order
Cf sale, VI the amount sold for, TO-
gether with interest, costs and taxes,
as provided for In this act, at any
time within eighteen months from
the day Of sale as herein provided,
and shall In the meantime be entitled
to the possession Of the property;
but where the court or Judge shall
find that the lands and judgments
have been abandoned, or are not oc-
cupied in good faith, the period Of
redemption for defendant owner shall
be six months from the date Of sale,
and all junior lien holders shall be en-
titled to redeem after the expiration
OF said six months.
Sec. 3. For the first twelve months
after such sale, the right Of the de-
fendant owner to redeem is exclusive;
but il no redemption is made BY the
defendant owner at the end OF that
time, any creditor OF the defendant
and owner whose demand is a lien
upon such real estate may redeem the
same at any time within fifteen
months from the date Of sale. A me-
chanic's lien, before decree enforcing
the same, shall not be deemed such a
lien as TO entitle the holder TO re-
deem.
SEC. 4. Any creditor whose claim
becomes lien prior to the expiration
of the time allowed by law for the
redemption Of creditors may redeem.
A mortgagee may redeem upon the
terms hereinafter prescribed, before
or after the debt secured by the
mortgage falls due.
SEC. 5. Creditors having the right
of redemption may redeem from each
other within the time heretofore
prescribed, and in the manner herein
after provided.
SEC. &. The terms Of redemption
shall be in all cases, the reimburse
ment OF the amount paid by the then
holder of the certificate of purchase
added to the amount Of his own lien,
with interest per annum, together
with costs, subject to the exemption
contained in the next section. But
where a mortgage or other lien hold
er, as provided for In this act, whose
claim Is not yet due, is the person
from whom redemption is to be made,
he shall receive in payment the full
amount paid by him as stated, in his
certificate Of redemption, with inter-
est, together with the actual amount
OF his claim at the date Of redemp-
tion.
Sec. I. When a senior creditor re-
deems from a junior, the senior cred
itor shall only be required to pay the
amount Of those liens which are para
mount to his own, and with interest
and costs appertaining to the same.
SEC. 5. A junior creditor may pre-
vent redemption by the senior cred
itOr or the holder Of the paramount
lien by paying of the lien, or deposit
ing with the clerk OF the district
court beforehand the amount neces-
sary to remove said lien.
SEC. 9. A junior judgment credit
or or lien holder may redeem from
senior judgment creditor or lien hold
er by paying to the party himself or
to the clerk Of the district court the
full sum due said senior creditor or
lien holder with interest and costs,
and shall become thereby vested with
full title TO the judgment so redeemed
from and to all liens Of such judg-
ment.
SEC. 10. After the expiration Of
fifteen months from the day Of sale,
the creditors can no longer redeem
from each other, but the defendant
owner may still redeem at any time
before the end Of the eighteen months,
as aforesaid.
SEC. IL. II the defendant or holder
of the legal title fails to. redeem, as
herein provided, the purchaser or the
creditor who has last redeemed prior
TO the expiration OF the fifteen months
aforesaid will hold the property abso-
lutely.
SEC. II. In case 1t is thus held by
a redeeming creditor, his lien and the
claim out OF which 1t arose will be
held to be extinguished, unless he
pursue tie course pointed out in the
next section.
SEC. l3. II he is Unwilling to hold
the property and credit the defend
ant owner therefor with the fTll
amount OF his lien, he must, within
ten days after the fifteen months
aforesaid, file with the clerk Of the
district court a statement Of the
amount that he Is willing TO credit on
his claim, and in order to redeem said
real estate, the defendant shall only
be bound to pay the amount so stated.
SEC. IA. The mode Of redemption
as herein provided is by paying the
money into the office Of the clerk of
the district court for the use Of the
persons thereunto entitled. The per-
son so redeeming, if not the defend
ant owner in execution or order Of
sale, must also file his affidavit or that
Of his agent or attorney, stating as
nearly as practicable the amount still
unpaid and due on his own claim.
The clerk shall give him a receipt for
the money, stating the purpose for
which it is paid. He must also enter
the same upon a book kept for that
purpose, with a minute OF such re-
demptlon, the amount paid, and the
amount Of the lien Of the last redemp-
ti0n or as sworn 10 by him.
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