Kansas Statutes Annotated
K.S.A. § 79-3101 (2026)
✓ current as of May 2026
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79-3101.
History: L. 1925, ch. 273, § 1; Repealed, L. 2014, ch. 140, § 22; January 1, 2019.
Notes of Decisions
Cited in 8
cases, 1964–2013 · leading case: Misco Indus., Inc. v. Bd. of Cnty. Commissioners, 685 P.2d 866 (Kan. 1984).
Misco Indus., Inc. v. Bd. of Cnty. Commissioners, 685 P.2d 866 (Kan. 1984). “Is the “Notice” of lease filed by Misco with the Register of Deeds a mortgage of real property as defined in K.S.A. 79-3101? At common law a mortgáge was described as a conditional conveyance, a qualified estate or an estate upon a condition.”
Mid-Cent./Sysco Food Servs. v. Bd. of Tax Appeals, 774 P.2d 363 (Kan. Ct. App. 1989). “K.S.A. 79-3101 defines a mortgage of real property as “every instrument by which a lien is created or imposed upon real property, notwithstanding that the debt secured thereby may also be secured by a lien upon personal property.”
Hamel v. Hamel, 299 P.3d 278 (Kan. 2013). “The majority concludes: “Under the terms of the contract for deed at issue here, the purchase of the farmland would not be final, if at all, for more tiran 6 years after Arthur s death.”
City of Arkansas City v. Anderson, 752 P.2d 673 (Kan. 1988). “See K.S.A. 79-3101 et seq. The testimony of the president of Hesston, in his deposition, indicated that the assignment was security for the note and that Hesston’s security under the prior joint obligations, which were being separated and refinanced, was running “a little shy.”
In Re Petroleum Prods., Inc., 72 B.R. 739 (Bankr. D. Kan. 1987). “The Court interpreted the option to purchase contained within the lease in light of K.S.A. 79-3101, which relates to executory contracts for the sale of real property.”
Beltz v. Dings, 6 P.3d 424 (Kan. Ct. App. 2000). “On appeal, Dings claims that K.S.A. 79-3101 and K.S.A. 79-3107 require that a contract for deed be filed with the register of deeds before it may be entered into evidence.”
First Nat'l Bank v. Lowman, 395 P.2d 313 (Kan. 1964). “The mortgage registration fees herein involved are the obligations of the plaintiff mortgagee and not the mortgagors, and the plaintiff was properly required to pay the mortgage registration fees before said mortgages were recorded by the Register of Deeds of Riley County,…”
Redmond v. M & I Marshall & Ilsley Bank (In Re Coffelt), 395 B.R. 133 (Bankr. D. Kan. 2008). “14 K.S.A. § 79-3101 provides: An executory contract for the sale of real estate, or a bond for a deed, the complete performance of which is deferred for a longer period than ninety days from its execution, under which the grantee or vendee is entitled to the possession of such…”
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