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FRIO COUNTY, Dilley Independent School District, The City of Dilley, and Dilley Independent School District, as Successor in Interest to the Frio-McMullen County Education District No. 17,
Opinion by: Karen Angelini, Justice Concurring opinion by: Catherine Stone, Justice Sitting: Catherine Stone, Justice Paul W. Green, Justice Karen Angelini, Justice Delivered and Filed: March 3, 2004 I concur in the majority opinion. I write separately to note that for the $6,600 Trevino paid for the property, he received the tax debtor's interest in the property. See Tex. Tax Code Ann. 34.01(n) (Vernon Supp. 2004). That interest was subject to a lien, which unfortunately, Trevino failed to discover prior to the sheriff's sale. Ultimately, however, Trevino is presumed to have notice of this prior recorded lien. See Tex. Prop. Code Ann. 13.002(1) (Vernon 2004) (properly recorded instrument is notice to all persons of the existence of the instrument). Further, while Trevino may be correct in asserting that some entity -- either the governmental entities in this case or the federal credit union which foreclosed on its lien -- has been unjustly enriched, that claim in not properly before the court at this time. Catherine Stone, Justice 1. The Honorable Olin B. Strauss signed the final judgment in this case. The Honorable Stella Saxon presided over the bench trial. |