Certified copies as evidence, when; authenticated copies from other states; recordation.
K.S.A. 58-2230
in effect58-2230. Certified copies as evidence, when; authenticated copies from other states; recordation.
Copies of such instrument, or of the record of the same, duly certified by the register of deeds of the county in which the same may have been recorded, shall, upon proof of the loss or destruction of the original instrument, or that it is not under the control of the person desiring to use the same, be read in evidence with like effect and on the same conditions as the original instrument; and that copies of any instrument of writing conveying or affecting real estate in this state, duly authenticated by the proper custodians of the records of other states, where any such instrument shall have been recorded for ten years and upwards, shall be received as prima facie evidence in all courts of record in this state, of the existence of the originals of such instruments of writing and of the proper record of the same, and may be recorded in the counties in this state wherein the real estate affected by them is situated, with like effect and upon the same conditions as the original instrument.
G.S. 1868, ch. 22, § 27; L. 1870, ch. 87, § 11; May 12; R.S. 1923, 67-230.
CASE ANNOTATIONS
1. Record-copy of deed admissible; common-law rule changed. Williams v. Hill, 16 Kan. 23.
2. Record of deed without notarial seal not received in evidence. Meskimen v. Day, 35 Kan. 46, 49, 10 P. 14.
3. When county attorney may offer certified copy of deed. Pfefferle v. The State, 39 Kan. 128, 132, 17 P. 828.
4. Party in possession of deed cannot offer copy in evidence. West v. Cameron, 39 Kan. 736, 739, 18 P. 894.
5. Insufficient proof of existence of tax deed. Kelley v. McBlain, 42 Kan. 764, 768, 22 P. 994.
6. Record of deed in evidence; degree of proof. Stratton v. Hawks, 43 Kan. 538, 540, 23 P. 591.
7. Certified copy must be made by one having official custody. Bergman v. Bullitt, 43 Kan. 709, 710, 23 P. 938.
8. May offer copy in evidence, deed being in opponent's possession. McLean v. Webster, 45 Kan. 644, 649, 26 P. 10.
9. Certified copy of easement in highway, offered in evidence. Wendell v. Heim, 87 Kan. 136, 138, 123 P. 869.
Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/chapters/ch58/058_022_0030.htmlFetched: 10/20/2026