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66-804. Same; hastening date; petition. If after the entry of said judgment, decree or interlocutory order, a majority of all the holders in amount of bonds issued in pursuance of the terms of the mortgage or deed of trust by virtue of which the foreclosure proceedings are had and the judgment obtained shall petition the trustee named in such mortgage or deed of trust to proceed to such sale, and said trustee shall file the said petition with the clerk of the court in which said judgment, decree or order has been entered or docketed, the complainant in such suit may proceed to sell the property and franchises covered by said mortgages or deeds of trust, in accordance with the terms thereof or as directed by the court.

History: L. 1876, ch. 111, ยง 2; March 16; R.S. 1923, 66-804.

CASE ANNOTATIONS

1. Petition necessary if sale to be made within three years. Lynn v. McCue, 94 Kan. 761, 768, 147 P. 808.


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