[Download] "Meadowlark Hill, Inc. v. Kearns" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Meadowlark Hill, Inc. v. Kearns
- Author : Supreme Court of Kansas
- Release Date : January 20, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This is an action to recover a mortgage registration fee paid under protest filed pursuant to the provisions of K.S.A. 79-2005 [now 1972 Supp.]. The critical question is whether a Mortgage and Note Revision Agreement constituted an extension of a mortgage of real property within the meaning of K.S.A. 79-3101 and 79-3102. From an adverse decision on this question appellant, which for convenience will be referred to as Meadowlark, appeals. Appellees cross-appeal from the trial court's conclusion that it had jurisdiction of the action under 79-2005. Appellees further challenge the trial court's refusal to find that the revision agreement constituted a new mortgage of real property within the meaning of K.S.A. 79-3101 and 79-3102. Meadowlark is a Kansas corporation involved in the construction and development of an apartment complex in Johnson County. On June 14, 1968, Meadowlark filed of record in the office of the register of deeds of Johnson County its mortgage of certain real estate securing its note in the amount of $5,500,000.00 payable to the Southgate State Bank and Trust Company, a Kansas banking corporation, hereafter referred to as Southgate. On the filing of the mortgage Meadowlark paid a mortgage registration fee in the amount of $13,750.00 to the register of deeds in accordance with the provisions of K.S.A. 79-3101, et seq.