Case Information
*1 OFFICE OF THE A-ITORNEY GENERAL OF TEXAS
AUSTIN
Bon. Ralph L. Suell, Chief Csrtlfioate of Title seotlon
riepartment TublIe sarety
Auatln, Texas
Dear sir:
fn which you request an o proper action to be takan Title the Klttre11 the motor rehiolo it purebased froa t
ter the 0orsplete ril6 qorreepondenc ots a@ we hare thenr boforr u6 rho 0 motor rehicla in
ror his loss and the ln- er any aalvago by virtue OS oh oorered motor vehiole. .iuto Coxpany purohassd ary 3, 1940 Klttrell u from the oily ot Dallas. On Fabruary 6, rd Insurrtnoe Company of m&York aotiiiod city or Dallar of tts claim to the rotor vehiols in qwstion. On the 7th of Pebruary Jams 3'. ?&ton, oity nanager of'Dalla6, exeouted a bill oi sale to the Kittrell Auto Conpany.
On T,@Oh 7, 1040, the tollowIng order wild entered by the City Council of the Olty Of Dall_cia:
Ron. Ralph L. Btiell, Chief, 3~6 2 *Claim ot Standard Insurvnoe Company of
?lew York, through C-eorge Z. ~smay, for the return oi a 1934 Ford Tudor Sedan aold by the City at public auot1on on ysbruary 3, 1940, was reported upon by the City :!anacer, and It was mved, seconded and carried that the claim be denied.”
AU the abow lnforrnatlon h.zs been furnIshed your a6p+3TtCW~t. You have also been furnished with an affidavit s&ned by or. J$oksoa, to the eireot that st no tiae did he ever have notIce oi the car having been reoovered by the City of Dallas, nor has he ever been asked for the payment uny storage oharges against the aar. iJ%r. Jackson further states that he reported the theft to the City ~011~s an& also to the county authorities.
The application for Certifioate OS Title is avf- dently .aeda by the tittrell Auto Company under the authority ,;ncotatcd Fenal oi SUCtion 36 of Artiale 1436-1 of +JBmon@~ Code, coznonly oalled “The Cartificatti of Title .<ot*. Said Seetlon reads a8 r0il0ws: "seation 36. Whenever the ownership of a motor vehicle registered or licensed within this State Is transterred by operation or law, as u?on Inheritrinoe, devise OF bequest, bank- ruptcy receIvershIp, dudlola sale, or any other &luntary divesture oc ownership, the Cepartment shnll Issue a new oertIfIcate oi title ,upon being provided with uertlried copy of the probate procraedlngs, If any (If no ad- ministration Is neoe33ary, than up03 urridavit showing such fact and all of heira at law and rpeoIiIoatIon by the heirs as to In whose name the e6rtIfIOute shall issue), or order, or bill or sale rroia the sffloer zaking the judl- ala1 8ale, exoe=t however, that where foreolos- ure is had under the ter?as of a llan, the aifi- davlt 0r the perBon, rim, associstion, or carporation or authorized @gent, of the faot of repossession and dIvaatIture of tltlb in accord- terns 0r the lien, shall ba sum- ance xlth the elent to euthsrlze t2.e isiiwince 0r 3 new Oertiii- aate In the rxir.~ ;;f t&s Turchaser at that in the oaae such sale, und ercspt rx-tter the roreclosure any Constltutlonal statutory llen, the ~rrldr~vlt of 2ho holder of such lien, ir a oorporation, its agent, 0r of suah lien snd the .~ - fsat or the creation *3 Ron. Ralph L. Buell, Chloi, pago 3 of title by reason thereof In
divestiture aadordanos rfth 1~1, shall be suffIoIent to authorize the Issuanaa of a new oertlrloate title in the nnme 0r the purohaser."
It my be readily men that your Departmat does ILet have aufiicient inforrtetIon to determine that legal has been divested by operation or law or otherwIse. The Kltt- roll Auto Cornpay stands In the shoea of the City of Dallas as tar a8 It6 right tc the tehiale Is comerned. We do not have any information a6 to the type of statutory lien the City of Dallas attempted to roreolose. Won It the city had a valid statutory lien that was subje-ot to ioreoloaure, orI- denoe or uhioh we do not have before us, it would still be neoessary for the City of Dallao to furnish the afridevlt provided ior In Section 35, suwa. The authority or your m- partmint In suoh a case Is outlined by Section 38 of the Certificate or Title Act, which reads aa rollows~ "Seation 36. The Depart,mnt shall re-
me Issuance a certificate or title, tttle, having Iseued a certirioate suspend revoke the .sme, won any or the rollowIng graulldsr
*(a) That the apglicatfon contzlns any falae or fraudulent rrtatemnt, that the appll- cant ha8 railed to furnish requImd information requested by the Department, or eat the a?pll- oant is not entitled to the iesuance of a osrtt- rlcste or title under this Act.
r(b) That the Department has reaeonable to believe that the vehlale pund is a stolen or comerted vehlale as hereln defined, tbat the issuance a certiiloate 3r title would rightful cwner oonstitute a rraud sgalnst a nortgugse. "(Q) That the roglrtratlon of the vehlole standa suspended or revoked.
m(d) Thut the required fee has not baen paid.” is the opinion of this 3epartment, therefore, It that the proper prooedure Is for you to refuse Issuance Pi a Certificate of Title on the ground S.hst pmr Apartment *4 ,. . .
Hon. Ralph I.. 3uell, Chief, pwe 4
has railed to reoeive the InfOnnatIon neoessary to 8atIsiy you that a CertifiCate or Title should be Issued to Kittroll Auto Company on the rehlale in qiestlon.
Yours very truly .':TTQP2?;‘41 czm.ti OF ?xc+s Billy GoldberG BIXBBB
APPROVEDAPR 1. 1940
A.TYZRNEY GENERAL OF TEXAS