City of Palestine v. Barnes

Citations

• 50 Tex. 538

Syllabus

<p>1. Power oe city under general charter law.—It is not beyond the authority of a city acting under the general charter law, to contract for the erection of a market-house with a person or corporation, conceding, in consideration of such building and the use of a part of same, exclusive market privileges in such city, with rights to lease stalls, collect rents, and an exemption from city taxes for a term of twenty-one years.</p> <p>2. Contract with city—Ordinances.—That an ordinance for the protection of the exclusive market privileges so granted may not be rigidly enforced, is not a violation of such contract authorizing its rescission.</p> <p>3. Execution sale only conveys the interest of defendant in execution.—A purchase under execution sale of such market-house property, under a judgment rendered against, the corporation owning it, would only take such right as was bound by the judgment, and would not extend to the rights of the city to the use of a room contracted for in the original contract for its erection, of which the city liad possession.</p> <p>4. Franchise not passed by sale of property of the corporation.—A sale under execution of the market-house property of a city, will not carry with it the franchises held by the corporation owning it.</p> <p>5. Franchises.—If the corporate franchises of a corporation can only be exercised on a particular lot in a city, then such lot would be an incident to the corporation, and could not be sold under execution.</p>