OFFICEOFTHEATTORNEYGENERALOFTEXAS 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 IIon the followet oonstitutes

/ OSHouseBill 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 OfTexas COUWI Is that of the SupremeCourt in Hill t. Wore, 62Texas, p. 610, whloh 1,sas follows:

a* * * an l Pleentany right uiteblo title; bjrwhlhhils

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

title ruoh as a court of equity, as d4stinguisheb rr0ma aourt 0r lrv,ln the exercise of its -11 racognlzed powerswould euforce.” In the aase 0r Tamer v. Imle, et al, 233 s.w. 665, the Court OSCivil Appeals of SanAntonio 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 Utah406, 16Pac. 403,

Ten8 Jurlrprudonee Volume4l, 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 whohas only an equitable title orinterest 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 titlebased 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 enumerateevery type 0r equitable title. Persons whoownequitable titles and aeek to qualify as a vlendownerv under subsection 12 of Seotlon 3 or HouseBill No. 20, will have to plead the equities uponwhloh 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 yourattention in this respeot to subdivision Dof Section 5 of the Act, dee;;TeFdih the oreetion of ~11 oonservatlon dirtrlot6. :Bon. V. C. Marshall, Chairman, page 3

“The Boardshall 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, andprovfdlng 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, weare Yours very truly ATTOFINBY

GBNBFUL

OFTEXAS By (Signed) Dick Stout

Dick Stout Asslhent DS:OB AF'PROVID

AUG.9, 1,939 (slgmd) Gerald C. Mann ATTOltNEYG5RALOFTAPPROVBD OPIhION

COMMITTEE ByFt.W.F. Chairmen