19-1219. Same; publication service on certain persons in certain actions; judgment. In actions brought to quiet title to or foreclose upon real estate in any such county, if it be alleged that a portion of the record or numerical index pertaining to said land has been destroyed or rendered illegible by reason of fire or other casualty and there be attached to the petition a certificate issued by the register of deeds pursuant to the preceding section, showing that a portion of such record or index has been so destroyed or rendered illegible, then, and in that event, all persons whose interest in said real property does not appear of record in the records and indexes which remain legible and undestroyed may be made parties defendant under the general designation of "all others claiming any right, title, or interest in, or lien upon the real property described in the petition" and such persons may be served with summons by publication, which summons by publication shall contain the legal description of the real estate in the same manner and upon the making of the same affidavit as is required for service by publication upon unknown heirs. Any judgment rendered in any such action against parties so designated and served shall be binding upon all persons whose right, title or interest in or lien upon said lands is not disclosed by the records which remain undestroyed and legible: Provided always, That such judgments may be reopened upon the same conditions and within the time provided in the case of other judgments rendered on publication service.
History: L. 1951, ch. 236, ยง 4; April 2.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
Article 12 - Register Of Deeds
19-1201 Register of deeds; election, term, bond.
19-1203 Vacancy in office of register of deeds, how filled.
19-1204 Custody and recording of documents.
19-1205 General indexes; entries; notation of discharge or release of instruments.
19-1206 Receiving books; entries.
19-1209 Numerical index, when.
19-1210 Entries to be made in numerical index.
19-1211 Previous transfers first entered in numerical index.
19-1213 Comparison of instrument with record.
19-1216 Records destroyed or made illegible by fire or casualty.
19-1217 Same; reindexing and re-recording without charge.
19-1218 Same; certification of information as to illegible, damaged or destroyed records; fee.
19-1219 Same; publication service on certain persons in certain actions; judgment.