Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN iionoreble C. J. Wilde County Auditor l~iueoee county Corpus Chrirtl, Terse Dear Sir: op,i nion No. o-7111 tie: Necessity or coun notation upon 4ee aa to the time of We are in receipt 0r your letter qUeEhill6 the OpiniOJ3 Or this de matter. We quote fron your let We are enoloeln made with our method we aha ta in islle.oes owever, as to al time the itvise ii it ie of the reoordlug a for this reeeon. been very muoh one month hence. morns unrorupuloua person might have 8016 00 or property e reoond time an6 was oord at j:OO P. pi. of the same bay that al instrument waa filed for reoord, but : om unknown roanon wae aotuallg reoorded 2 hours in advanoc of the deed ~that was rirat riled. *Please note the nrsthod we am using to ahow the actual tima reoordlng the typed portlorr was, of oouree, photographed, while the bay, month and the were in- eerted after the photograph had dried. Please advise at your convenience. * i!on. C. J. Wilde, page 2 The pertinent statutory provisions are : Artiole 6594, ~eviaad civil statutes: *iYhsn any Iustrument of writing authorized by law to be raoorded shall be deposited In the county olerk*a offloe for reoord, If the aaze Is aokhcTleEged or proved In the mahher prescribed by law for reoord, the olark shall enter Ih a book to be provided for that purpose , In alphabetioel order, the names of the partier and date and nature thereof, and the time or delivery for record; and shall give to the person depositing the aama, if required, a reoeipt speoifying the partioulars thereor.” Art. 6595, a. c. s., Qaoh reoorder ahall, without delay, reoord every Instrunent of writing authorized to be reoorded by him, which Is deposited with him for raoord, with the aoknowledgments, proor8, lrridavita and oertIfIoatea therata attaohad. In the order deposited for reoord by entaring th&aWword ror word and letter for latter. and noting at the foot of the reoord tha hour and thi day of the month and year when th6 Instrumant so recorded was deposited la his offioe for record.” Art. 6596, a. c. s., **&vary auoh Instrumant shall be ouhaidared aa reoorded rrom the tiza It waa deposited for reoord; and the olerk ahall oartify under his hand ah4 seal or orrioe to cvary auoh inatrune~t or writing so _, reooraed, tha hour, day, month and. year when he reoorded It, and the book and page or pages in whloh It Is raoorded) and when reoorded deliver the sama to tha party entitled thereto.* %e find no provision requirbg the oounty olerk to make shy notation upon the deed raoord as to the exaot tine an imtrunent was raoorded. Se note, however, that under the provisions of Artiola 6595, the oounty olerk Is required to tote “at tha foot of the record the hour and the 4ay of the ;:.onth and year when the instruzant so raoorded waa deposited in hia orrioe ror reoor4.w You are therefore advised that the registration statutes do not require the county clerk Son. C. J. riilde, iwe 3 to m&e any notation on the deed record as to aotual time an instrument warnreoorded. The olerk Is required, however, to mks a notation as to tile time of filing of en Instrument, 6~4 It is our opinion that the photostatio copy enclosed with ymr letter, upon whioh the county olerk’s i’tle am-k Is photo- steted, Is In oompliance with the requiremnts of .$rtIole 6595 es to the notation oo~lodrnlng th6 aliE& of the instrument. .:)Ith referanoe to the situation zaentioteb in your,letter ;uhare ho deeds to the came piece of pr’oserty 6re i’lled et different tiLleri during the some day, no call to you? atteiition. that under the provisions of Xrtiale 6596, the first Irrstruaent file4 in such a situation would be oonsldured as racorded from the time It was depositea for record. It hes !mGn held that under the provisions of Article 6596, a ;io>erly ccknowledeed or proved and certified deed Is, rrom tho tiz It was deposited for raoord, effeotiva as notioe to aubaequeot yurchaoera, al- though said deed had not been transcribed upon the reaords. (irilliam Carlisle & Co. v. King, 133 S. ‘r’. 241). Xe trust that the above and foregoing will sstiefaotorlly mswer your Inquiry.