After-Acquired Title in Texas: Part One

The so-called "doctrine of after-acquired title" deals with the rights of a grantee (and his successors) who accepts a deed or other conveyance from a grantor then without title, but who thereafter acquires it. The problem asserts itself in many areas of the law: mortgages and other voluntary liens on real property, conveyances and voluntary liens by a married woman of her separate property, conveyances and liens on the homestead community property by the husband, rights of adverse possessors claiming through deeds, rights of creditors of the grantor, and the interrelation of rights of a purchaser as affected by the recording acts. Professor Hemingway explores this thorny problem, beginning with its origins in Texas, and covers the current trends in the case law.