Crews v. Taylor

Citations

• 56 Tex. 461
• 1882 Tex. LEXIS 56

Syllabus

<p>1. County clerk—Right of action against.— The statutory provision giving a right of action against the county clerk and his sureties, for failure to record and index certain instruments, applies to the parties interested in the instrument and entitled to have it recorded.</p> <p>2. Same—Remedy of third parties.— On general principles, third parties damaged by the neglect of the clerk have a right of action on his bond.</p> <p>3. Record of deed — Notice.— The record of a deed reciting a consideration of §1,500 paid and secured is notice of the unpaid purchase money, and that prima facie a vendor’s lien exists for its payment.</p> <p>4. Mortgage — Deposit of — Notice.— Where there was also a mortgage for the unpaid purchase money, the deposit, of that mortgage for record, though the clerk failed either to index or record it, was constructive notice.</p> <p>5. Precedence of purchase money lien.— It seems that a party lending money under these circumstances, on the security of a mortgage on the same land, and suffering loss by reason of the unpaid balance of the purchase money having precedence, is injured by his own fault.</p> <p>6. Contributory negligence.—At all events, such party making no inquiry of the clerk for an index book or for instruments filed and not recorded, and making no inquiry of the vendor as to Ms claim, is guilty of negligence contributing to his injury, and cannot recover for the failure of the clerk to index and record the mortgage.</p>