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GT, KANSAS, L.L.C. v. RILEY COUNTY REGISTER OF DEEDS

No. 83,692.

27 Kan. App.2d 746 (2000)

8 P.3d 39

GT, KANSAS, L.L.C., Appellee, v. RILEY COUNTY REGISTER OF DEEDS, Appellant.

Court of Appeals of Kansas.

Opinion filed July 14, 2000.

Attorney(s) appearing for the Case

Lewis A. Heaven, Jr., and Richard J. Plouff, of Holbrook, Heaven & Osborn, P.A., of Merriam, for the appellant.

Charles S. Arthur, III and William J. Bahr, of Arthur-Green, L.L.P., of Manhattan, for the appellee.

Before MARQUARDT, P.J., PIERRON, J., and ROGG, S.J.

PIERRON, J.:

This appeal involves the interpretation of K.S.A. 79-3102, which reads in pertinent part:

"(d) No registration fee whatsoever shall be paid, collected or required for or on: .... (3) any mortgage or other instrument upon that portion of the consideration stated in the mortgage tendered for filing which is verified by affidavit to be principal indebtedness covered or included in a previously recorded mortgage or other instrument with the same...

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