Fletcher v. Minton’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Texas Property Code provides for the recording of real property transfers and limits the validity of unrecorded instruments as follows: (a) A conveyance of real property ... is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for the record as required by law. (b) The unrecorded instrument is binding ... on a subsequent purchas er who does not pay a valuable consideration or who has notice of the instrument. Tex. Prop.Code Ann. § 13.001 (Vernon 2006). Thus, an unrecorded conveyance is binding on those who have knowledge of the conveyance. Burris v. McDoug-ald, 832 S.W.2d 707, 709 (Tex.App.-Corpus Christi 1992, no writ). A person who acquires property in good faith, for value, and without notice of any third-party claim or interest is a bona fide purchaser. Status as a bona fide purchaser is an affirmative defense to a title dispute. Madison v. Gordon, 39 S.W.3d 604, 606 (Tex.2001). Notice will defeat the protection otherwise afforded a bona fide purchaser. City of Richland Hills v. Bertelsen, 724 S.W.2d 428, 429 (Tex.App.-Fort Worth 1987, no writ). “Notice” is broadly defined as information concerning a fact actually communicated to a person, derived by him from a proper source, or presumed by law to have been acquired. Flack v. First Nat’l Bank, 148 Tex. 495 , 226 S.W.2d 628, 631 (1950). Notice may be actual or constructive. Id. Actual notice results f”

   1 later decision quote this exact passage · from the majority
   e.g. Twentieth Century Land Corp. v. Landmark North Freeway, Ltd. (In Re Bill Heard Enterprises, Inc.)