Untitled Texas Attorney General Opinion

FVILL WIILSON

August 28, 1961

Honorable Walter E. Wilson County Attorney Ector County Odessa, Texas Opinion No. WW-1123 Re: Whether it Is necessary for a county clerk to file notices of assignment of account in the chattel mortgage records of the county, and the meaning of the word "among" as it appears in Section 5, Article Dear Mr. Wilson: 260-1, Vernon's Civil Statutes. Your request for an opinion poses the following questions: (1) Whether it is necessary to file notices of assignment of account in the chattel mortgage records of the county. (2) The meaning of the word "among" as it appears in Section 5, Article 260-l of Vernon's Civil Statutes. Section 5, Article 260-1, Vernon's Civil Statutes, provides as follows: "Upon the filing for record of any notice of assignment the County Clerk shall receive, file and index the same, as in the case of chattel mortgages, and shall preserve the same among the chattel mortgages in his office forach notice of assignment which shall be filed, and shall receive a fee of Twenty-five (254) Cents. Satisfaction, cancellation or release, signed by the assignee, of any

. -Honorable Walter E. Wilson, Page 2 (WW-1123)

such notice of assignment recorded in the office of the County Clerk may be entered on the record book In such office in which the notice of assign- ment is entered, as In the case of chat- tel mortgages, and for each such entry the County Clerk shall receive a fee of Twent -five (25d) Cents." (Emphasis added7 The two questions presented can be resolved by a proper construction and interpretation of the foregoing Article. We construe the wording of the statute as not re- quiring notices of assignment of account to be filed or in- dexed in or with the chattel mortgage records of the county, The ca% of Texas and Pacific Ry. Co. v. Railroad Commission of Texas, 105 Tex. 386 150 S.W. 878 (1912) held that words in common use, when usid by the Legislature'in a statute, are to be understood as Intended to express the sense in which they are ordinarily used, Also Railroad Commission of Texas v. Texas and N. 0. Ry. Co., 197 S.W.2d 17b (Civ.App. 194b1, held that words in common use when used in a statute will'be given their natural. ordinarv and oooular meaning. Finally,-the opinion of the-court in"Holloway v. Texas Indem- 40 S.W.2d 75 (Com.App. 1931), stated that legislative acts must give words not specifically defined their ordinary meaning. -In view of the legal principles set forth in these cases, it is our opinion that the literal or plain meaning of the phrase, "as in the case of chattel mortgages," as it appears in Section 5 of Article 260-1, requires only that notices of assignment of account be registered by employing the same method or practice as in the case of chattel mortgages. Section 5 of Article 260-i also states that the County Clerk shall preserve such notices "among" the chattel mortgages in his office. Black's Law Dictionary, Fourth Edition, defines the word "among" as "mingled with or in the same group or class," (Emphasis added). It is our opinion that this definition would not require notices of assignment of account to be kept in the same file as chattel mortgages, but only that they be preserved in the place where notices of assignments are kept. SUMMARY A County Clerk is not required to file notices of assignment of account in the

Honorable Walter E. Wilson, Page 3 (WW-1123)

chattel mortgages records of the county. Also, the meaning of the word "among"'as it appears in Section 5, Article 260-1, Vernon's Civil Statutes, does not require a County Clerk to preserve notices of assignment of account In the same file with chattel mortgages. Yours very truly, WILL WILSON Attorney General of Texas

Assistant 1RWjr:mm APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman W. Ray Scruggs Elmer McVey John Leonarz Lawrence Hargrove REVIEWED FOR THE ATTORNEY GENERAL BY: Howard W. Mays