The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-15

he Withdrawn. the grantor and grantee
both being willing before It is recorded,
| aud, second, whore mistake has been made
IN recording deed by your predecessor.
can you correct or change the recorda
We are of the opinion that you have no
right TO permit such Instrument 10 be
Withdrawn before being recorded, nor are
you authorized TO correct or change the
record under the circumstances stated
As TO the first question, when any In
strumcnl Of writing authorized by law 10
be recorded shall bc deposited in the re-
cordcl's office TO be recorded the
recorder shall enter In u book to be kept
for that purpose In alphabetical order,
the names Of the parties TO the deed, etc.
Article 1904 requires each recorder, with
out delay, Ia record every lnstrumeut-de
does not provide unless previously wi h
drawn nor anything to such effect. Ar
dele 4G07 provides In part as follows:
Every such instrument OF writing shall
be considered recorded from the time
II was deposited for record
Under article 1912 every conveyance, etc
when delivered 10 the clerk of the proper
court TO he recorded, shall take eject and
be valid as to all subsequent purchasers
for n valuable consideration without notice
aud to all creditors from the time suclt
instrument shall have been acknowledged.
proved or certified and delivered to such
clerk TO be recorded, and from that time
only, This article further provides WAT
all certified copies fled and recorded under
eject ana be- In force from the time such
certified copy was flied for record
From these articles II Is clear that such
instruments take effect and serve as notice
from the timo that they arc deposited with
the clerk for record. There are mum rous
decisions to this effect
As t. your second question, although the
deed may have been duly proved or o.
knoWlcdged for record, " In some material
respect II has been improperly recorded,
the same result follows from such omission
that is II does not operate as notice, add
the record will only give notice of the ex-
lsience of such instrument as that eI'
son, A Texas, 45Sl
A correction OF the record. concedng its
propriety, could only imnlEt notlcc from
the time II was made, and could not in
any way impair or defeat title previous
| ~ acquired. Chamberlain US, Bell cal.
Hence, MS to both propositions either the
| withdrawal of an instrument after ming,
| but before being recorded o. the cutrec,
| ton OF the records even where lhe d'td
! Is enormously recorded might seriously
/ affect the rights Of subsequent purchasers
| or membranes.
| For instance Judgment creditor OF
| vendee has an abstract of his Judgment
duly recorded. Ills lien attached ilnrne-
| diatey upon the ding of the deed win
! the clerk for record. or possibly the Nh
straet Of judgment may be recorded imme-
diatoly after filing Of the deed The with
| drawal OF the deed could not operate as q
| release Of the lien. A deed was recorded
IN Inc proper pINffs nut III TUG ItNrlh ihp
number aud description of certain lots
| were, by mistake omitted, These lots
were again subsequently sold by the same
! grant0r to L, under whom plalntin claimed
Subsequent 10 the record of RS decd 9.
the grantOr, procured the record 70 DC SO
amended. by mterlinlng the number ard
description Of the omitted lots. IL was heid
that so far as the lots in controversy We're
concerned, the first decd was not recorded
until the title q plalntif's grantor was
| perfected. q Cal, eo2.
Then while II Is true that the Withdrawn
Of the deed would not operate 70 release
the lien, or the correction q the record
defeat the rights acquired before sueh or
rectlon, yet the primary purpose q regis
tratlon Is notice OF whnt the record cen.
talns and the rights Of parties shcnld net
be jeopardlzed. nor should they De rec
quired to show by parol, which ln syme
cases might be exceedingly difficult, Just
| what the record WIN show at the time
such rights were acquired.
| We are aware that this opinion 20 g
great extent, controverts the custom VIII
many clerks but In spite Of such GUS ON
we are forced 10 the conclusions her@M
reached. Yours truly, m ,.n,.os
once Assistant Attorney General.