K.S.A. » Chapter 58
Kansas Statutes Annotated

K.S.A. § 58-2303 (2026)

Short form of mortgage; warranty

✓ current as of May 2026
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58-2303. Short form of mortgage; warranty. Any mortgage of lands, worded in substance as follows: "A.B. mortgages and warrants to C.D. (here describe the premises), to secure the payment of (here insert the sum for which the mortgage is granted, or the notes or other evidences of debt, or description thereof, sought to be secured, also the date of payment)," the said mortgage being dated, and duly signed and acknowledged by the grantor, shall be deemed and held to be a good and sufficient mortgage to the grantee, his or her heirs, assigns, executors and administrators, with warranty from the grantor and his or her legal representatives of a perfect title in the grantor, and against all previous encumbrances; and if in the above form the words "and warrants" be omitted, the mortgage shall be good without warranty.

History: L. 1887, ch. 151, § 3; June 20; R.S. 1923, 67-303.

Notes of Decisions
Cited in 1 case, 1983–1983 · leading case: Garnett State Sav. Bank v. Tush, 657 P.2d 508 (Kan. 1983).
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Garnett State Sav. Bank v. Tush, 657 P.2d 508 (Kan. 1983). · cites it 2× “1949, 67-303) [K.S.A. 58-2303], which sets out a ‘short form’ of mortgage, it has been held that in order to create a mortgage contract no particular ‘form’ of instrument is necessary and no particular words are required.”
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