58-2263. Validating certain instruments recorded prior to January 1, 1944.
58-2263
58-2263. Validating certain instruments recorded prior to January 1,1944.Any sheriff's deed, receiver's deed, administrator's deed, executor'sdeed, special master's deeds, guardian's deed and conveyance by a trusteein bankruptcy, which was recorded in the office of register of deeds in anycounty of the state of Kansas prior to January 1, 1944, shall beconclusively presumed to have conveyed the clear and merchantable title tothe real estate therein described to the extent of the interest owned bythe judgment debtor, defendant, estate or ward, and purported to beconveyed by said deed as against all persons other than those in actualpossession of the premises on the effective date of this act,notwithstanding any actual or purported defect in the execution oracknowledgment thereof and notwithstanding any actual or purported defects,mistakes, errors or omissions in the proceedings had or the pleadings,orders or publication notices filed in the court which caused to be heldthe sale upon which said deed is based: Provided, That this act shallnot apply to any such deed which has been placed of record in the office ofregister of deeds in the county in which the land is situated subsequent toJanuary 1, 1944: Provided further, That any person desiring to presentproof of the invalidity or partial invalidity of any such deed shall haveone (1) year after the effective date of this act within which to bringproceedings attaching or seeking to set aside any such deed or questioningthe merchantability or extent of the title which is conveyed: Providedfurther, That infancy, incompetency or nonresidence shall not affect theoperation of this act.
History: L. 1961, ch. 297, § 1; L. 1963, ch. 326, § 1; L. 1969,ch. 275, § 1; L. 1970, ch. 219, § 1; July 1.