Law Commons^™

Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint

Faculty Articles

Throughout the history of Texas jurisprudence, the Texas Supreme Court has often made clear and concise pronouncements that a rule of law was to apply in all cases that fell under the parameters of that rule, as well as exceptions to the application of these legal rules in situations where the application would perpetrate a fraud or would be inequitable. In several situations, Texas courts applied equitable principles to protect a subsequent purchaser in spite of the existence of a void deed in the chain of title. However, the court in Texas Department of Transportation v. A.P.I. Pipe & Supply, …

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal, Gerald S. Reamey, J. Daniel Harkins

Faculty Articles

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations.

Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …