Legal Opinion · Concurrence

Ratliff v. Russek

Court of Appeals of Texas

Decided March 23, 1933No. 2802Published

1ConcurrenceHiggins, Justice

In so far as concerns the priority of liens the Negotiable Instruments Act (Rev. St. 1925, art. 5932 et seq.), in my opinion, has no application. The Registration Act (Rev. St. 1925, art. 6591 et seq.) controls. The priority agreement made by Louisa M. Gonzalez was duly recorded when appellant acquired note No. 6 and under the Registration Act Ratliff had constructive notice of the agreement in so far as it affected the lien which he acquired with the note.

An agreement relating to a vendor’s lion affects the title to land; it is subject to registration and when duly recorded operates as…

2Cases cited11 opinions

  1. Moran v. WheelerTexas Supreme Court · 1894
  2. Wilson v. DentonTexas Supreme Court · 1891
  3. Cabaness v. HollandCourt of Appeals of Texas · 1898
  4. Lewis v. RossTexas Supreme Court · 1902
  5. Forster v. Enid, O. W. R. Co.Court of Appeals of Texas · 1915

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