Untitled Texas Attorney General Opinion ( 1942 )

OFFICEOFTHEATTORNEY GENERALOFTEXAS
AUSTIN
&mrahle J., D. Looney
oount y ,Auditor
pewi OouAty
Boston, Texas
Oplnfon Ho. 0.
Ee have your favor 0 9, requestlq aA
opinion on the above satter, eing as Sollowar
this oSSio8 at
o? this County
00rdea S- 30
ehou that tbs 6OOa OA tb3
moora while seal was aa-
tually on the
roper mh0a 0f
aeal to this rea-
8 8asl be added t0
uld the deed be reaorded
eord8d should 8 See be eiwr&wb
person riling the am or
word the deed gratis to oor-
uutg Clerks apparent error.
The general rule is that %n oSSloer may aorreot
mistakes In his offiolal reoorda, on proper showing@, 36
Tex. Jur., .8so. 10, p. 407; but 'we fail to find any statute
or deelslon authoriqing a Bounty clerk to oorreot a mistake
ma&e by a forner oounty olerk some thirty or iorty years ago,
Iionorable J. D. Looney, PEi&e2
It Is our opinion, therefore, that the present oountg 018x-k
Would AOt be authorized to oorrast the reoord referred to by
now showing that the notary’s seal appeared on said deeds.
‘Ye do not think that it is neoessary for said deede
to be again recorded, slnoe It has been ect?erally held that
the mre Sact that same have been heretofore reoorded Is evl-
aenoe of the Sect that they were exeouted as provided for by
law, and it would be presumed that the mtarg aiilxed the seal
to lokncmledgtnente taken by him. 1 Tex. Jur., Sea. 78, pp.
4864; Alexander v. Houghton, 26 E. %. 1102. Further, under
the provlalo~s of P.rtioles 3726 end 3726b, it lo our oplnlon
that. said deeds would be as sffeative '%ltSout having said rea-
orda oorreoted, or Bald deed& seain reoorded, as they wmld
be if s-8 ware raoorded, slnae aald titlolss provide that
where deeds have been OA reoor4 a8 long as tea years It ahall
be no objaotlon to the admlsslon oi sam, or a oertifted aopp
thereor, aa mldenoe th,at the of?leer taking the aoknowledg-
mat or such instrunent harfng an ottfolal seal aid not aVflr
the mm3 to the certirioate of aokmwledgment, or that the
notarialseal le not showa OS record, It 1s our OpiniCiA,
ths?sf'ore,,that If the partlss lntsrastsd ln these deeda de-
sire to ham same again reoorded they should pay the Seee
requlrea thereror.
Trusting this satisfactorily answers your Inquiry,
we are
Very truly youra
ATTORNEY
f3ZEtPAL08 TXXAS