58-2257. Instruments pertaining to real estate; failure to return to owners; remedies.
58-2257
58-2257. Instruments pertaining to real estate; failure to return toowners; remedies.(a) If the holder of an instrument pertaining to real estate neglects orrefuses to return such instrument within twenty (20) days after the dateof the mailing of demand therefor in accordance with K.S.A. 58-2256 andamendments thereto, the owner of the instrument may sue in any courtof competent jurisdiction to:
(1) Obtain the instrument;
(2) recover the sum of five hundred dollars ($500)as damages for thewrongful detention of the instrument; or
(3) obtain the instrument and recoverdamages as provided in paragraph (2) of this subsection.
In any such action, the owner of the instrument may recover allcosts, together with a reasonable attorney's fee for preparing andprosecuting the suit. The owner may also recover any additionaldamages that the evidence in the case will warrant. In all such actions,writs of attachments may issue as in other cases.
(b) Theprovisions of this act shall not apply to any instrument upon which anattorney or other person has a statutory lien and has complied with theprovisions of the statutes relating thereto.
History: L. 1941, ch. 282, § 2; L. 1980, ch. 163, § 2; July 1.