Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Hon. V. C. Uershall, Chairman
state soil consenation Board
Proresaionel Building
Tanple, Texas
Dear sir:
16 are In MOO tsra of July 27 II on the follow- and July 31, 1939, reque qu6utionu :
ing
et oonstitutes OS House Bill l?o. 20 / land lylna out-
oitieu and &ns*'in&ud6d legal or e ultabls title thfna8 der the provisions of this quelltied voter within eruooring our*).
hI/
e of the earliest definitiona of *equitable title" to be round in the dsoirions Of Texas COUWI Is that of the Supreme Court in Hill t. Wore, 62 Tex- as, p. 610, whloh 1,s as follows:
a* * * an l uiteblo title; bjr whlhhils Pleent any right % land fnrerlor to the legal *2 Hon. V. C. YBrshall, Chairman, page 2
title ruoh as a court of equity, as d4stin- guisheb rr0m a aourt 0r lrv,ln the exercise of its -11 racognlzed powers would euforce.”
In the aase 0r Tamer v. Imle, et al, 233 s.w. 665, the Court OS Civil Appeals of San Antonio adopted the following oplnlon or wequlteble titlev:
*An ‘oqultable title* is not e title, but ie a mere tight In th party to whom it belongs to have the legal title transferred to him.”
Whltbeok, 5 Utah 406, 16 Pac. 403, Ten8 Jurlrprudonee Volume 4l, on pegs 470, follows the supmm court ddLiti0n in Hill v. &ore, rupra.
It 1s a well recognized prlnal le or law that the ration of treepam to try title may e melntalned % by one who has only an equitable title or interest in land. See 4l Tax. fur., p. 470, in oases oited in rootnotr 2.
It is our opinion that vequltablo title= es re- to in Section 3, 8 12 of House Bill Ho. 20, means ferred a title based on a right in the possessor thereof to have the legal title transferred t0.hl.m. As an lllustratlon we oite the equitable title established by an instrument whioh Is apparently a deed of trust but was .intended to operate ea a mortgage, or again an lnrrtrument oreating a trurt. Mortgages and deeda of trust create equitable titles. It 1s Impossible to enumerate every type 0r equitable title. aeek to qualify as a vlendownerv under subsection 12 of Persons who own equitable titles and Seotlon 3 or House Bill No. 20, will have to plead the equities upon whloh relianoe is pleoed and satisfy the voting oificlals and the State Soil Conservation Board as to their title8 before they are l llglble to vote. We are celling your attention in this respeot to subdivision D of Section 5 of the Act, dee;;TeFdih the oreetion of ~11 oonservatlon dirtrlot6. : *3 Bon. V. C. Marshall, Chairman, page 3
“The Board shall py all expensee for the issuance of anch notions and the oonduot OS such hearings and eleotious, and rhell su or- - vise tha conduot or 8uoh hearings en tions. It hall issue appropriate regul tiona goveLihg the conduct of such hee%ngs and electlons, and provfdlng for the reglstrafa- tion~ prior to the date of the election of all SlXgible voters. All such eleotions held uder ‘the provisions of this Act shell be in oon- formlty with the general election laws of this state,-except aa herein othemise provided, and except that the ballot shell not be aum- bered or rarked for ldentifioetlon purposes.v (Undsrecoring ours.)
Trusting that we have answered your inquiry set- i8faotorily, we are
Yours very truly ATTOFINBY GBNBFUL OF TEXAS By (Signed) Dick Stout Dick Stout Asslhent DS:OB
AF'PROVID AUG. 9, 1,939
(slgmd) Gerald C. Mann
ATTOltNEYG5RAL OFT-
APPROVBD
OPIhION COMMITTEE
By Ft. W. F.
Chairmen