Deeds.Justices of the peace have authority to take the acknowledgment of deeds, mortgages and other instruments in writing. All conveyances and other instruments affecting real estate, acknowleged within this state, must be acknowleged before some court having a seal, or some judge, justice or clerk thereof, or mayor or clerk of an incorporated city. If acknowledged out of this state, it must be before some court of record, or clerk or officer holding the seal thereof, or before some commissioner appointed by the governor of this state, to take the acknowledgments of deeds, or before some notary public or justice of the peace, or before any consul of the United States, resident in any foreign port or country. If taken before a justice of the peace, the acknowledgment must be accompanied by a certificate of his official character; under the hand of the clerk of some court of record, to which the seal of said court shall be affixed.
Any acknowledgment made in conformity with the laws of the state where the act is passed is valid here, but the official character of the person before whom the acknowledgment is made must be properly verified. Every acknowledgment or proof of any deed, conveyance, mortgage, sale, transfer or assignment, oath or affirmation, taken or made before a commissioner, minister, charge d'affaires, consul-general, consul, vice-consul or commercial agent, and every attestation or authentication made by them, when duly certified, has the force and effect of an authentic act executed in this state.
Deeds or other papers by corporations are executed by the proper officer in the same form as individuals. No seal or scroll of private individuals is authorized or required by the laws of Kansas. All instruments concerning real estate must be evidenced by writing, and the same may be duly recorded in the office of the register of deeds of the county in which such real estate is situated. All persons owning lands not held by an adverse possession are deemed to be seized and possessed of the same. The term "heirs," or other words of inheritance, are not necessary to create or convey an estate in fee simple, and every conveyance of real estate passes all the estate of the grantor therein, unless the intent to pass a less estate expressly appears or is necessarily implied in the terms of the grant.
Any conveyance of lands, worded in substance as follows: A. B. conveys and warrants to C. D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being dated, duly signed and acknowledged by the grantor, is deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with covenants from the grantor, for himself and his heirs and personal representatives, that he is lawfully seized of the premises, has good right to convey the same and guarantees the quiet possession thereof; and that the same are free from all incumbrances, and he will warrant and defend the same against all lawful claims.Page 501-502 from volume I of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar. Transcribed May 2002 by Carolyn Ward.
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