Belbaze v. Ratto

Citations

• 69 Tex. 636
• 7 S.W. 501
• 1888 Tex. LEXIS 909

Syllabus

<p>t. Registration — Statutes Construed. — Construing articles 3157, 3158, 3159 and 4399, Revised Statutes, held: That while under the general registration laws instruments that are required to be recorded will be deemed, if properly authenticated, to have been recorded from the date of their filing for record with the proper officer, a different rule was clearly intended by the Legislature to apply to the registry of abstracts of judgments; the latter will not for any purpose be regarded as recorded until they are recorded in fact, and no judgment lien attaches by virtue thereof before such actual registration.</p> <p>3. Authentication. — The following certificate of acknowledgment was attached to a deed:</p> <p>State of Texas, )</p> <p>County of Galveston. )</p> <p>I, P. S. Wren, county clerk in and for Galveston county, on this day personally appeared J. L. Belbaze, known to me to be the person whose name is subscribed to the foregoing and annexed instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed.</p> <p>In testimony whereof I have hereunto signed my name and [seal] affixed my seal of office, on this twenty-fourth day of February, A. D. 1886.</p> <p>P. S. Wren,</p> <p>Clerk of the county court of Galveston county.</p> <p>Held: The certificate was a substantial compliance with article 4308, Re vised Statutes.</p>