OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
g-able V. B. Qoer
county Att--Y
You have rtqwrte of thle department
lpon the r0110vlngr
mane0 coun-
same brand in
eath o? (A) re-
date es appears an the record book bee prefarenoe. Therefore,
under article 6899, if a dlepute arises as to who has the
preierential r$gbt tq reoord 8 mrk, this preisrenoe belongs
to the person who hils had the particular mark on reaord the
loagest .
t&arksant5 brands are persona1 ppopert and are eub-
ject to be sold or lnborlted. Rankin v. Bell, 85 Tex. 28, 19
3. W. 8743 ?A¶better v. State, 35 Tex. &, R. 195, 32 9. V.
9038 Dugat v. State, 67 Tax. Cr. It. 46, 148 S. U. 789.
V.”
Honmab& 0. B. War, page 2
ft 10 also prmtaalble for an lndlvldur;l to ahmga
or abandon a r8oordeclvrk or bran&. Moc1ulw V. shwk’a nelra,
68 Tex. 426, 4 Se W. 552; Dugcatv. State, rup~a.
Thrrerore, und6r the given rasata, ii (A) had not
lbadoned or ohanged the &urk lo queatlan at tha tlm6 of his
dea th,lud (C) 6811ahov he is the doviaee or 614 l&malt thla
mk, than it la our o~inian that (C) has the ~feraxW.al
right to raoord this bm14 under Artiolo 6899. rr thote raota
oamot be shown, than (B) Lo. our opinion poasoaaea this pm-
fexwntlal ridght.
Your* vary truly
ATTO- OEIIRIUL OF TEXAS
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