Acres v. Moyne

Citations

• 59 Tex. 623
• 1883 Tex. LEXIS 239

Syllabus

<p>1. Writ of error.— The doctrine announced in Stephenson v. T. & P. R’y Co., 42 Tex., 163, to the effect that the supreme court, with a view to determine its own jurisdiction, would inquire into the facts bearing on a succession and merger of two railroad companies, approved, with citation of authorities to be found in the opinion.</p> <p>2. Railway companies.— The purchasers of a sold-out railway corporation succeed to all its rights, powers and privileges, and may continue business in its name. No change of name is required; there need be no notice given of the purchase and merger; nor in its future dealing with strangers is it compelled to show by what special action or authority it claims succession.</p> <p>8. Same— Evidence.— If, by special act of the legislature, the name of the corporation is changed, one suing in trespass to try title for land conveyed to him by the new company under its new name, and which was patented to the old sold-out company in its old name, may introduce such special act in evidence, to show the identity of the corporations. The preamble of such an act, like that of any other act, general or special, is only competent to show that the legislature, in passing the act, took into consideration the matters recited in the preamble.</p>