OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Hon. V. C. Uershall, Chairman 

state soil consenation Board 

Proresaionel Building 

Tanple, Texas 

Dear sir: 

and 

ing 

16 are In MOO 

July 31, 1939, reque 

qu6utionu : 

tsra of July 27 

II on the followet oonstitutes 

/ 

OS House Bill l?o. 20 

land lylna outoitieu and &ns*'in&ud6d 

legal or e ultabls title 

thfna8 

der the provisions of this 

quelltied voter within 

eruooring our*). 

hI/ e of the earliest definitiona of *equitable 

title" to be round in the dsoirions Of Texas COUWI 

Is that of the Supreme Court in Hill t. Wore, 62 Texas, p. 610, whloh 1,s as follows: 

a* * * an l 

Pleent any right 

uiteblo title; bjr whlhhils 

% land fnrerlor to the legal 
Hon. V. C. YBrshall, Chairman, page 2 

title ruoh as a court of equity, as d4stinguisheb rr0m a aourt 0r lrv,ln the exercise 

of its -11 racognlzed powers would euforce.” 

In the aase 0r Tamer v. Imle, et al, 233 s.w. 

665, the Court OS Civil Appeals of San Antonio adopted 

the following oplnlon or wequlteble titlev: 

*An ‘oqultable title* is not e title, but 

ie a mere tight In th party to whom it belongs 

to have the legal title transferred to him.” 

Whltbeok, 5 Utah 406, 16 Pac. 403, 

Ten8 Jurlrprudonee Volume 4l, on pegs 470, 

follows the supmm court ddLiti0n in Hill v. &ore, 

rupra. 

It 1s a well recognized prlnal 

% 

le or law that 

the ration of treepam to try title may e melntalned 

by one who has only an equitable title or interest in 

land. See 4l Tax. fur., p. 

rootnotr 2. 

470, in oases oited in 

It is our opinion that vequltablo title= es referred to in Section 3, 8 12 of House Bill Ho. 20, means 

a title based on a right in the possessor thereof to have 

the legal title transferred t0.hl.m. As an lllustratlon 

we oite the equitable title established by an instrument 

whioh Is apparently a deed of trust but was .intended to 

operate ea a mortgage, or again an lnrrtrument oreating 

a trurt. 

titles. 

Mortgages and deeda of trust create equitable 

It 1s Impossible to enumerate every type 0r 

equitable title. Persons who own equitable titles and 

aeek to qualify as a vlendownerv under subsection 12 of 

Seotlon 3 or House Bill No. 20, will have to plead the 

equities upon whloh relianoe is pleoed and satisfy the 

voting oificlals and the State Soil Conservation Board 

as to their title8 before they are l llglble to vote. We 

are celling your attention in this respeot to subdivision 

D of Section 5 of the Act, dee;;TeFdih the oreetion of 

~11 oonservatlon dirtrlot6. : 
Bon. V. C. Marshall, Chairman, page 3 

“The Board shall py all expensee for the 

issuance of anch notions and the oonduot OS 

such hearings and eleotious, and rhell su orvise tha conduot or 8uoh hearings - en 

tions. It hall issue appropriate regul 

tiona goveLihg the conduct of such hee%ngs 

and electlons, and provfdlng for the reglstrafation~ prior to the date of the election of all 

SlXgible voters. All such eleotions held uder 

‘the provisions of this Act shell be in oonformlty with the general election laws of this 

state,-except aa herein othemise provided, 

and except that the ballot shell not be aumbered or rarked for ldentifioetlon purposes.v 

(Undsrecoring ours.) 

Trusting that we have answered your inquiry seti8faotorily, we are 

Yours very truly 

ATTOFINBY GBNBFUL OF TEXAS 

By (Signed) Dick Stout 

Dick Stout 

Asslhent 

DS:OB 

AF'PROVID AUG. 9, 1,939 

(slgmd) Gerald C. Mann 

ATTOltNEYG5RAL OFTAPPROVBD 

OPIhION COMMITTEE 

By Ft. W. F. 

Chairmen