The Advocate and news., 1899-03-15
published in the Advocate and News, ON
cial State paper, March l5 1897
Senate Bill No. 70.

AN ACT in relation to assignments OF rea
estate mortgages, and to repeal chapter
100 OF the Session Laws OF 1897
BE It enacted by the Legislature OF the
State Of Kansas:
Section l. All assignments OF real estate
knowledged by the assignor in the man
ner provided for the acknowledgment OF
other instruments affecting the title to real
estate and all such assignments shall
clearly set forth the full name OF the as
slgnee together with his postofiice address.
Section 2 The acknowledgment and re-
cordlng Of the assignments OF real estate
mortgages herein provided for in no event
shall be chargeable to the mOrtgagor, his
heirs, representatives or assigns
Section 3. In cases where assignments of
real estate mortgages are made after the
passage OF this act II such assignments are
not recorded the mortgagor, his heirs per-
sonal representatives or assigns, may pay
all matured interest or the principal debt
Itself prior to the recording OF such assign
ment to the mortgagee, or II an assignment
Of such mortgage has been made that duly
appears on record, then such payment may
be made to the last assignee whose assign
ment Is recorded in accordance with the
provisions of this act and such payment
shall be effectual to eXtinguish all claims
against such mortgagor, his heirs, personal
representatives and assigns for or on ac-
count OF such interest or such principal In
debtedness, and no transfer OF any note
bond or other evidence of Indebtedness by
Endorsement or otherwise, where such In
debtedness Is secured by mortgage on real
estate within this State. shall prevent or op-
crate to defeat the defense OF payment OF
such interest or principal by the mortgagor,
his heirs, personal representatives or as
signs Where such payment has been made to
the mortgage or to the assignee whose as
signment appears last of record under the
provisions Of this act: Provided, however,
that In all such cases the assignee who may
hAI VRh ms AaAw
right OF action against his assignor to re-
cover the amount of any such payment Of
interest or principal made to such assignor
as upon an account for money had and re-
celVed for the use Of such assignee
Section 4. All assignments OF mortgages
at present existing bearing date prior to the
taking effect OF this act shall within four
months next succeeding the taking effect
OF THIS act pe recorded IN the proper county
OF this State in accordance with the pro-
visions OF Section l Of this act, whether
such assignments be acknowledged or not
and IN case such assignments are not re-
corded within the time herein provided the
payment OF any interest or principal on the
debts secured by such mortgages to the
mortgages or the assignees whose assign
ments appear last Of record after the ex-
piration OF the time herein provided, and be-
fore the recording Of such assignments
shall be and constitute a complete defense
TO any action on such mortgage or note or
other evidence OF Indebtedness secured
tACASDy as d6dlnbL LHe IuOTLRaROE. MIS-
heirs, personal representatives or assigns:
Provided, however, that the last assignee Of
an unrecorded assignment shall have a right
or action against the assignor to whom such
interest or principal is paid, and provided
further, that where the mortgagor his
heirs, personal representatives or assigns
has actual notice or knowledge OF such as-
slgnment or transfer, then in such case
apply.
Section S. The assignment Of any mort
gage as herein provided shall carry with II
the debt thereby secured.
Section 6. Chapter 100 Of the Laws of
Kansas of 1897 and all other acts and parts
or acts In conflict with this act are hereby
repealed
Section Z. This act shall take effect and
De In force from and after its publication in
the official State paper.
hereby certify that the above bill origi-
HHaL nated IN the Senate, and passed that body
February 28th 1899.
H. E. RICHTER,
President Of the Senate
J. W. MORPHY,
Secretary of the Senate
Passed the House March 1st 1889
s. ]. OSBORN,
Speaker Of the House
CHAS. p. LOBDELL,
Chief Clerk Of the House
w. q. STANLEY,
Governor
STATE OF KANSAS.
Office Of Secretary OF State
|, Geo: A. Clark Secretary of State OF the
STATE OF Kansas, do hereby certify that the
ABOVE ABOVE ana FOREGOING Is a correct copy Of the
original enrolled bill now on file In my office,
In testimony whereof, / have hereunto
subscribed my name and affixed my official
seal, this 9Th day Of March, 1899
(SeaL) GEO. A. CLARK,
Ganrokor,y 80
BY HILL P. WILSON,
Assistant Secretary Of State