History:
G.S. 1868, ch. 71, § 6; L. 1905, ch. 311, § 1; R.S. 1923, 53-107; L. 1963, ch. 294, § 3; L. 1967, ch. 297, § 3; L. 1975, ch. 285, § 7; L. 1980, ch. 159, § 6; L. 1984, ch. 201, § 14; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
CASE ANNOTATIONS
1. Notary public giving notice of protest mere agent of holder. Swayze v. Britton, 17 Kan. 625, 627, 628.
2. Words "protest and notice waived" imply waiver of demand. Baker v. Scott, 29 Kan. 136, 137.
3. Notary public certifying to identity of stranger assumes personal liability; notary public not guarantor or insurer of identity of person. Bellport v. Harkins, 104 Kan. 543, 546, 547, 180 P. 220.
4. Notary public, assistant teller of bank, may demand payment of note. Toll v. Monitor Binding & Printing Co., 26 F.2d 51.
5. Consent to adoption acknowledged in Missouri by Kansas notary valid; theory of substantial compliance applied. In re Adoption of Trent, 229 Kan. 224, 227, 624 P.2d 433.
In re Small, 294 P.3d 1165 (Kan. 2013). “Pursuant to K.S.A. 53-107, ‘Notaries shall have authority to (1) Take acknowledgments; (2) administer oaths and affirmations; (3) take a verification upon oath or affirmation; (4) witness or attest a signature; (5) certify or attest a copy; (6) note a protest of a negotiable…”
In re the Adoption of Trent, 616 P.2d 304 (Kan. Ct. App. 1980). “K.S.A. 53-107. “The consent by the natural parents to the adoption of their child, where required by statute, is regarded as an essential requisite to jurisdiction on the part of the court to render a valid decree of adoption.”
Morris v. Boeing Wichita Employees Credit Union (In re Lopez), 255 B.R. 895 (Bankr. D. Kan. 2000). · cites it 2דThe trustee ably argued in his trial brief that the only purpose for notarizing signatures is the authentication of the identity of the signer, and that, in this case, there was no need for authentication because no one has suggested that Ms.”
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