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F-TEXAS A~X+TXN 11. -rxmcAs PRICE DANIEL .mTORNEY GENERAL September 25, 1947

Hon. Donald Allums Opinion No. V-239-A County Auditor

Hardin County Re: Clarification of Opinion Kountze; Texas v- 239 - Registration by the

county clerk of conditional sales contracts.

Dear Sir:

It has been called to our attention that in our Opinion No. V-239 relating to registration by county clerks of conditional sales contracts that we made no distinction between the re- quirements for registration of the original of such contracts and copies thereof. It is true that a different rule applies in thecase of the original contract, which is treated the same as a chattel mortgage. The holding in our opinion should have been limited to copies of the contract, which the clerk is not authorized to register unless the original instrument has been witnessed by two or more subscribing witnesses or acknowledged or approved for record according to the relevant Articles. As stated in the case of Chagtor vs. Brunsweic-Balke-Collender co., 71 Tex. 588, 10 S.W. 250, the original instrument may be registered without witnesses or acknowledgment. Opinion V-239 is hereby modified accordingly.

Conditional ssles in Texas are treated as chattel mortgages. The county clerk is authorized to register and file the.original of such instruments without witnesses or acknowledgmenfi, but cannot file.copies un- less the original shall have been witnessed or acknowledged as provided by law. Chaytor v. Brunswick-Balke-Collander 71 Tex. 588, 10 9. W. 250. Co.,

Yours vary truly ATTORNEY GENERAL OF TEXAS APPROVED: s/ Price Daniel By s/ John Reeves ATTORNEY GENERAL John Reeves

Assistant JR;djm/cg