only one instrument,the one of the greatestdenomination, where severalinstrtientsare contemporaneously executedto secureone obliga- tion; and providedfurther that when oaoe stampedas provieded-herein, an instrumentmay be recordedin any number of countiesin this State without agaixbing so stamped. This sectionshallnot apply to instruments, notes, or other obligationstaken by cr oa behalf of the United States or of the State of Texas,~orany corporateagency or instrumentality of the UnitedStates, or of the State of Texas in carryingout a governmentel purposeas expressedin any act of the Congressof the UnitedStates or of the State of Texas, nor *half the provisionsof thZs sectionapply to obligationsbr~instruments seouredby liens on crops and farm or agriculturalproducts,or to livestookor farm implements,or 81 abetraotof judgment.
"If the amount securedby an instrumentis not expressedtherein,or if any part of the securitydescribedin any such instrumentappearsto bs located withoutthe State of Texas, the County Clerk shall requireproof by written affidavitsof such facts as may be necessarytc determinethe smounf of the tax due."
In our ConferenceOpinionNo. 3061, dated June 17, 1939, ad- dressedto you, we expressedthe view that a mcrtga&eis subjeotto the tax where +&hesame is primarilyupon real~estateor chattelsother than Hon. CharleyLookhart,page 3 (O-1787)
livestook,farm or agriculturalcrops or productsor farm implements althoughsuch mortgagealso coverspropertiesof the kinds last mentioned. It is our furtheropinionthat it is immaterialas towhioh class of prop- erty includedin the mortgageis greaterin value. If the mortgageCovers propertyother than crops, farm or agricuturalproducts,livestook,or farm implements,then'thesame must be stampedto be entitledto record. Our answerto your first questionis an affirmativeone.
3inoe the statuteprovidesno measure for laying the tax upon a mortgage securing"any and all future indebtedness" your second questionis answeredin the negative"
We answeryour third auestionin the negative. The exemption was evidentlyintendedfor the benefit of the agriculturalindustry. We do not believethe &egislaturecontemplatedthat a mortgageshouldbs relieved of tie tax merely by reason of the fact that t&e propertycoveredby the same had its origin in agriculture" Section19 of Article 5 of the Constitu- tion of Texas providesthat "farm productsin the hands of the producer. " . are exempt from all taxation." This sectionof the Constitutionwould not, of course,apply to the questionbefore us, since the tax leviedby said Article 7047e is not upon the proper,@Lnoludedin a mortgagebut is upon the privilegeof recordingsuch an instrument. However,it is a matter of o-on knowledgethat in many if not nearly all instanoesthe costs involv- ed in recordingmortgagesare as a practicalmatter borne by the mortgagor, and we think it not at all improbablethat the Legislaturewas giving effeot to the spiritof Section-19of Article 8 of the Constitution when the exemptionhere involvedwas placed in said Article 7047e. In our said ConferenceOpinion No. 3061~" held that the exemptionof farm implements was intendedto apply to implementsused for farming~U~~OSSSand was
never intendedto apply to an implementwhich had never come into the hands of a person who would devote it to a farmingpurpose. We regard cur answer to your third questionas being in accordwith that holding"
We do not fully understandyour fourth question. We under- stand from the SCOW that "C" executesa new mortgage to "A" who presents the same for record.