468 

OFFICE OF THE A-ITORNEY GENERAL OF TEXAS 

AUSTIN 

Bon. Ralph L. Suell, Chief 

Csrtlfioate of Title seotlon 

riepartment or TublIe sarety 

Auatln, Texas 

Dear sir: 

fn which you request an o 

proper action to be takan 

0r Title or the Klttre11 

it purebased froa t 

or qorreepondenc 

boforr u6 rho 

the motor rehiolo 

ter the 0orsplete ril6 

ots a@ we hare thenr 

0 motor rehicla in 

ror his loss and the lner 0r any aalvago by virtue OS 

oh oorered the motor vehiole. 

ary 3, 1940 Klttrell .iuto Coxpany purohassd 

u from the oily ot Dallas. On Fabruary 6, 

rd Insurrtnoe Company of m&York aotiiiod the 

city or Dallar of tts claim to the rotor vehiols in qwstion. 

On the 7th of Pebruary Jams 3'. ?&ton, oity nanager of'Dalla6, 

exeouted a bill oi sale to the Kittrell Auto Conpany. 

On T,@Oh 7, 1040, the tollowIng order wild entered 

by the City Council of the Olty Of Dall_cia: 
Ron. Ralph L. Btiell, Chief, 3~6 2 

*Claim ot Standard Insurvnoe Company of 

?lew York, through C-eorge Z. ~smay, for the 

return oi a 1934 Ford Tudor Sedan aold by the 

City at public auot1on on ysbruary 3, 1940, 

was reported upon by the City :!anacer, and It 

was mved, seconded and carried that the claim 

be denied.” 

AU the abow lnforrnatlon h.zs been furnIshed your 

a6p+3TtCW~t. You have also been furnished with an affidavit 

s&ned by or. J$oksoa, to the eireot that st no tiae did he 

ever have notIce oi the car having been reoovered by the 

City of Dallas, nor has he ever been asked for the payment 

or uny storage oharges against the aar. iJ%r. Jackson further 

states that he reported the theft to the City ~011~s an& 

also to the county authorities. 

The application for Certifioate OS Title is avfdently .aeda by the tittrell Auto Company under the authority 

oi SUCtion 36 of Artiale 1436-1 of +JBmon@~ ,;ncotatcd Fenal 

Code, coznonly oalled “The Cartificatti of Title .<ot*. Said 

Seetlon reads a8 r0il0ws: 

"seation 36. Whenever the ownership of a 

motor vehicle registered or licensed within 

this State Is transterred by operation or law, 

as u?on Inheritrinoe, devise OF bequest, bankruptcy receIvershIp, dudlola sale, or any 

other &luntary divesture oc ownership, the 

Cepartment shnll Issue a new oertIfIcate oi 

title ,upon being provided with uertlried copy 

of the probate procraedlngs, If any (If no administration Is neoe33ary, than up03 urridavit 

showing such fact and all of the heira at law 

and rpeoIiIoatIon by the heirs as to In whose 

name the e6rtIfIOute shall issue), or order, or 

bill or sale rroia the sffloer zaking the judlala1 8ale, exoe=t however, that where foreolosure is had under the ter?as of a llan, the aifidavlt 0r the perBon, rim, associstion, or 

carporation or authorized @gent, of the faot of 

repossession and dIvaatIture of tltlb in accordance xlth the terns 0r the lien, shall ba sumelent to euthsrlze t2.e isiiwince 0r 3 new Oertiiiaate or title In the rxir.~ ;;f t&s Turchaser at 

such sale, und ercspt rx-tter that in the oaae 

or the roreclosure or any Constltutlonal or 

statutory llen, the ~rrldr~vlt of 2ho holder of 

such lien, or ir a oorporation, its agent, 0r 

.~ - the fsat or the creation of suah lien snd the 
470 

Ron. Ralph L. Buell, Chloi, pago 3 

divestiture of title by reason thereof In 

aadordanos rfth 1~1, shall be suffIoIent to 

authorize the Issuanaa of a new oertlrloate 

or title in the nnme 0r the purohaser." 

It my be readily men that your Departmat does 

ILet have aufiicient inforrtetIon to determine that legal title 

has been divested by operation or law or otherwIse. The Klttroll Auto Cornpay stands In the shoea of the City of Dallas 

as tar a8 It6 right tc the motor tehiale Is comerned. We do 

not have any information a6 to the type of statutory lien the 

City of Dallas attempted to roreolose. Won It the city had 

a valid statutory lien that was subje-ot to ioreoloaure, orIdenoe or uhioh we do not have before us, it would still be 

neoessary for the City of Dallao to furnish the afridevlt 

provided ior In Section 35, suwa. The authority or your mpartmint In suoh a case Is outlined by Section 38 of the 

Certificate or Title Act, which reads aa rollows~ 

"Seation 36. The Depart,mnt shall reme Issuance 0r a certificate or title, or 

having Iseued a certirioate 0r tttle, suspend 

or revoke the .sme, won any or the rollowIng 

graulldsr 

*(a) That the apglicatfon contzlns any 

falae or fraudulent rrtatemnt, or that the appllcant ha8 railed to furnish requImd information 

requested by the Department, or eat the a?plloant is not entitled to the iesuance of a osrttrlcste or title under this Act. 

r(b) That the Department has reaeonable 

pund to believe that the vehlale is a stolen 

or comerted vehlale as hereln defined, or tbat 

the issuance or a certiiloate 3r title would 

oonstitute a rraud sgalnst the rightful cwner 

or a nortgugse. 

"(Q) That the roglrtratlon of the vehlole 

standa suspended or revoked. 

m(d) Thut the required fee has not baen paid.” 

It is the opinion of this 3epartment, therefore, 

that the proper prooedure Is for you to refuse Issuance Pi 

a Certificate of Title on the ground S.hst pmr Apartment 
,. . . 

471 

Hon. Ralph I.. 3uell, Chief, pwe 4 

has railed to reoeive the InfOnnatIon neoessary to 8atIsiy 

you that a CertifiCate or Title should be Issued to the 

Kittroll Auto Company on the motor rehlale in qiestlon. 

Yours very truly 

.':TTQP2?;‘41 czm.ti OF ?xc+s 

Billy GoldberG 

BIXBBB 

APPROVEDAPR 1. 1940 

A.TYZRNEY GENERAL OF TEXAS