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.