The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-14
Measure II Killed iii the State
Senate.
Old Mortgage Law Reenacted
With Slight Changes.
Hay Be a Year Instead of Six
Months.
Two Republican Senators Vote
Against the Bill.

The deed Of trust bill which was intro
duced By Senator Cubbison was killed
"wednesday by the senate and the SUD
stitute offered by Senator Smith vas
adopted in its place. The substitute IS
virtually the old mortgage law which
was in operation in the state before the
change in 1893. The dierenee IS that
the time Of redemption is extended six
months under certain conditions. and
that when property is sold without ap-
praisement. gross inadequacy Of price
shall be sufficient cause for the judge 70
order another sale OF the property.
Senator Cubbison did not make much
fight for the deed Of trust bill All
really care for Is TO get e better law
than the one we now have on the sta
tute books he said He wos willing 70
accept the substitution Of the old law
Senator Stewart wanted section in
tr0duced making the sale Of the land
under mortgage payment in full Of the
mortgage. but his amendment was us
The following is the law as adopted:
That if the words appralselnent
waived or other words of similar I'M
port. shall be inserted in any deed mort
gage bond. note, bill OF written contract
hereafter made. any court rendering
iudgrnent thereon shall order as part Of
process issued thereon. shall be enIofceu,
and that lands and tenements may pe
sold Hereunder without appra1Sements
and such judgment, and any process IS
sued thereon shall be enforced. and sales
OF lands and tenements made tnereun-
der without any appralse1nent or Yalu-
alton being made Of the properly 20 pc
sold. provided. that no ORDER OF sehl0 u
execution shall be issued upon Such
Judgment until the expiration or SIX
months from the time OF the rendltlon
Il hat
10 the expiration of the six months stay
of execution herein provided, the JudS-
rnent debtor. or the owner of the land
described in the decree, shall pay into
.-ourt ali the costs accrued IN the action
TO that date. together with six months
interest upon the judgment under Whlcn
order Of sale is about to issue, ana shail
also file with the clerk OF court a ceru-
hcafe from the county treasurer that all
taxes on the lands Included IN the Ge-
cree have been fully paid, the order q
sale shall be further stayed for 2 second
period of six months, and shall not IS
sue until the expiration of one year from
the date Of the judgment.
If execution is levied upon lands and
4--,s,-,sr,+z the officer LEVINE such ax-
ecutfon shall call an Inquest OF three
disinterestad householders. who shall be
resident within the county where the
lands taken fin execution are situate, and
administer to them an oath impartlally
To appraize the property SO levied on
upon actual view; and such household
under their hands. an estimate or the
real value Of said property
The officer receiving such return shall
forthwith deposit a copy thereof with
the clerk of the court from which the
writ issued and advertise and sell such
property. agreeably to the provisions OF
this article
writ OF execution. for the satisfaction OF
which any lands or tenements have been
sold. shall, after having carefully ex-
arnined the proceedings Of the officer. be
satisfied that the sale has in al respects.
ions OF this article. the court shall direct
that the court Is satisfied OF the iegaiity
OF such sale. and an order that the Of
such lands and tenement5; and the OF
ficer, on making such sale, may retain
the purchase money in his hands until
reedings. as aforesaid. when he shall nav
the same to the person entitled thereto,
Where property is sold without appraise-
q sufficient cause TO authorize the court
70 set aside the sale and order another
sole OF the property
such writ OF wrtts Of execution. shall sell
. the said lands and tenements. or any
part thereof shall make TO the purchaser
as good and sufficient deed Of conveyance
OF the lands and tenements sold. as the
On writs Of execution were issued could
have made Of the same at or any time
The deed shall be sufficient evidence Of
the legality OF such sale. and the pro-
ceedinEs therein. until the contrary be
proved. and shall vest tn the purchaser
4s good and as perfect an estate In the
premises therein mentioned as was vested
1M the party at or after the time when
such lands and tenemcnts became liable
tn the satisfaction Of the Judgment and
such deed or conveyance, to be made by
the sheriff or other officer. shall recite
the execution or executions. or the sub
stance thereof. and the names of the par
ties, the amount and date OF rendition Of
each judgment by virtue whereof the said
lands and tenements were sold S afCre-
said and shall be executed Acknowledged
and recorded as is or may be provided by
law, TO perfect the conveyance Of real
estate IN other cases
In all cases of sales by the sheriff under
the provision Of this act. he shall receive
the fees provided by law, except that
when the property Is bought in by the
plaintiff to the action the sheriff shall re-
ceive only the sum of $ as Commission
and for executing the deed
Following is the vote.
Tea-Branine. Clancy. Codding Crurn
Cubblson, F1tzpa trick. Fullington, Hurrel,
Leidy. Mcknight, Morehouse, Morrow.
NcftzEer, Pestana, Peterson. Porter. 81
mons. Smith Sponahle. Stewart Vincent
Ward. White. Wulfekuhler- No-Ga-
hrlel. Kennedy. King. Mcmillan Miller
Ross. Wright Kennedy and Miller are
Republicans and the other opponents are
fusionlsts.