constructive notice doctrine (Texas) · Go Syfert
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constructive notice doctrine in Texas

10 Texas opinions name it 2 courts 1915–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
HECI Exploration Co. v. Neelgreen
tex · 1999 · cited in 4 Texas opinions naming this issue, 2000–2014
2 sentences

2014See HECI Exploration Co. v. Neel, 982 S.W.2d 881, 887 (Tex. 1998); Salinas v. Gary Pools, Inc., 31 S.W.3d 333, 336 (Tex. App.—San Antonio 2000, no pet.).

2014See HECI Exploration Co. v. Neel, 982 S.W.2d 881, 887 (Tex.1998); Salinas v. Gary Pools, Inc., 31 S.W.3d 333, 336 (Tex.App.-San Antonio 2000, no pet.).

44
Salinas v. Gary Pools, Inc.green
texapp · 2000 · cited in 3 Texas opinions naming this issue, 2014–2014
2 sentences

2014See HECI Exploration Co. v. Neel, 982 S.W.2d 881, 887 (Tex. 1998); Salinas v. Gary Pools, Inc., 31 S.W.3d 333, 336 (Tex. App.—San Antonio 2000, no pet.).

2014See HECI Exploration Co. v. Neel, 982 S.W.2d 881, 887 (Tex.1998); Salinas v. Gary Pools, Inc., 31 S.W.3d 333, 336 (Tex.App.-San Antonio 2000, no pet.).

23
Little v. Smithgreen
tex · 1997 · cited in 2 Texas opinions naming this issue, 2000–2014
2 sentences

2014See Little v. Smith, 943 S.W.2d 414, 421 (Tex. 1997); Salinas, 31 S.W.3d at 336 .

2000Id.

12
Wal-Mart Stores, Inc. v. Gonzalezgreen
tex · 1998 · cited in 2 Texas opinions naming this issue, 1999–2002
2 sentences

2002See Gonzalez, 968 S.W.2d at 936 (applying the constructive-notice rule when the plaintiff relied on circumstantial evidence).

1999In Gonzalez , the case in which the Texas Supreme Court articulated the length-of-time requirement, the majority opinion does not indicate precisely where the macaroni salad that caused the plaintiffs injury had been spilled, noting only that it was a “heavily-traveled aisle.” See id. 968 S.W.2d at 937 . [FN1] Given the apparent lack of such information, Gonzalez’s ruling that the duration of a condition’s existence is determinative of whether the proprietor had constructive notice of it seems sensible.

12
Lone Star Gas Company v. Sheanergreen
tex · 1957 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015“To charge one acquiring an interest in realty with notice of instruments executed by persons outside the chain of title would impose upon him the duty of making a general search of every instrument filed.” Id. at 156 .

2015The rationale of this constructive notice rule is that “the only facilities provided by statute for finding recorded instruments pertinent to any particular title are the indices of grantors and grantees and a prospective purchaser or lienholder will have no reason to search for instruments executed by persons outside of the chain of title under which he claims.” Lone Star Gas Co. v. Sheaner, 305 S.W.2d 150, 155-56 (Tex. 1957).

11
Call v. Hastingsgreen
cal · 1853 · cited in 1 Texas opinions naming this issue, 1915–1915
1 sentence

1915See Call v. Hastings, 3 Cal. 179 , and Vizzard v. Taylor, 97 Ind. 90 .

11
Vizzard v. Taylorgreen
ind · 1884 · cited in 1 Texas opinions naming this issue, 1915–1915
1 sentence

1915See Call v. Hastings, 3 Cal. 179 , and Vizzard v. Taylor, 97 Ind. 90 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Mooney v. Harlin green
tex · 1981
1 sentence

2000To hold that being the beneficiary of an estate excuses one from constructive notice of public records is directly contrary to the Texas Supreme Court’s instruction in Mooney that “[p]ersons interested in an estate admitted to probate are charged with notice of the contents of probate records.” Mooney, 622 S.W.2d at 85 .

12000–2000

Where else courts name it

NY 23 (1872–2026) LA 16 (1961–2013) CA 15 (1857–2022) TX 10 (1915–2015) PA 8 (1932–2013) IL 6 (1912–2024) TN 5 (1923–2022) OR 5 (1915–2026) WA 4 (2006–2017) OK 3 (1916–2015) MI 3 (2018–2023) CT 3 (1967–1991) MN 3 (1908–2016) WI 2 (1965–2005) VA 2 (1878–1878) MS 2 (1870–2005) MO 2 (1906–1924) IA 2 (1966–1972) NJ 2 (1986–2026) ME 2 (2016–2019) FL 2 (2002–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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