Throckmorton v. Price

Citations

• 28 Tex. 605

Syllabus

<p>It is the uniform principle of the registration laws, that such instruments as must be recorded shall be valid, as to all subsequent purchasers, for a valuable consideration without notice, and as to creditors, from the date on which such instruments shall be properly acknowledged, proved, or certified and delivered to the clerk for record, and from that time only. (Paschal’s Dig., Arts. 3876, cl. 3, 4973 to 4977, 4993, 5006, 5013, 5014.)</p> <p>Every instrument is considered as recorded from the time it is filed for record. This removes all doubt as to when the notice takes effect. (Paschal’s Dig., Art. 5015.)</p> <p>The clerk is also required to keep index books, and to enter therein notes of all filing and recording, but those who file instruments for record are not responsible for the neglect of the officers. (Paschal’s Dig., Art. 5015 to 5018.)</p> <p>By virtue of the registration laws, the filing of a deed for land with the county clerk for record is equivalent to the actual registration of the deed at the time it was so filed, and therefore a deed so filed, although not actually recorded, will prevail as against a subsequent, bona fide, purchaser for value without actual notice, notwithstanding that such subsequent purchaser took every reasonable precaution to ascertain the condition of the title, and only bought and paid for the land on the assurance of the county clerk that there was no evidence in his office of a conflicting right to the property. (Paschal’s Dig., Art. 5014.)</p> <p>A party filing his deed for record is not bound to see that the clerk performs his duty by actually recording it, nor is he responsible to other parties for the clerk's neglect of his duty, or failure to comply with the requirements of the statute with respect to the registration of the deed.</p>