Meadowlark Hill, Inc. v. Kearns

The opinion of the court was delivered by

Kaul, J.:

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…