Ford v. Delta & Pine Land Co.
Citations
- 164 U.S. 662
- 17 S. Ct. 230
- 41 L. Ed. 590
- 1897 U.S. LEXIS 1699
Syllabus
<p>Exemptions from taxation are to be strictly construed, and no claims for them can be sustained unless within the express letter or the necessary scope of the exempting clause; and a general exemption is to be construed as referring only to the property held for the transaction of the business of the party exempted.</p> <p>The exemption from taxation conferred by the 19th section of the act of the legislature of Mississippi of November 23, 1859, c. 14, upon the railroad company chartered by that act, does not extend to property other than that used in the business of the company, acquired under the authority of a subsequent act of the legislature in which there was no exemption clause.</p> <p>A clause in a statute exempting property from taxation does not release it from liability for assessments for local improvements.</p> <p>It has been held in Mississippi not only that special assessments for local improvements do not come within the constitutional limitation as to taxation, but also that the construction and repair of levees are to be regarded as local improvements for which the property specially benefited may be assessed; and this rule is in harmony with that recognized generally elsewhere, to the effect that special assessments for local improvements are not within the purview of either constitutional limitations in respect of taxation, or general exemptions from taxation.</p> <p>Under authority granted by the act of March 16, 1872, c. 75, of the legislature of Mississippi, the auditor conveyed to the Selma, Marion and Memphis Railroad Company the lands in question here, by deeds which recited that they had been “ sold to the State of Mississippi for taxes due to the said State,” and that the company had paid into the state treasury two cents per acre “ in full of all state and county taxes due thereon to present date.” No reference was made in those deeds to levy taxes or assessments. Held, that those deeds were no evidence of the prior payment and dischar
Judges: Brewer
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24 cases in this archive cite this case; the 20 most cited are listed.
- National Life Insurance v. United StatesSupreme Court· 1928-06-04· cited 411×
- Costanzo v. TillinghastSupreme Court· 1932-12-05· cited 101×
- Railroad v. HarrisTennessee Supreme Court· 1897-12-03· cited 59×
- Chicago, M. & St. P. Ry. Co. v. VoelkerEighth Circuit· 1904-03-26· cited 52×
- McHenry v. AlfordSupreme Court· 1898-01-03· cited 51×
- Knight v. VernonFourth Circuit· 2000-06-02· cited 49×
- McHenry v. AlforeSupreme Court· 1898-01-03· cited 25×
- Charles A. Haskell v. United StatesTenth Circuit· 1957-03-05· cited 24×
- Peisker v. Unemployment Compensation CommissionNew Mexico Supreme Court· 1941-06-19· cited 19×
- Church of the Holy Faith, Inc. v. State Tax CommissionNew Mexico Supreme Court· 1935-07-15· cited 18×
- Samosa v. LopezNew Mexico Supreme Court· 1914-08-07· cited 15×
- City of Canton v. Canton Cotton Warehouse Co.Mississippi Supreme Court· 1904-03-15· cited 15×
- Meader v. Unemployment Compensation Division of the Industrial Accident BoardIdaho Supreme Court· 1943-04-30· cited 11×
- Compañía Ferroviaria de Circunvalación de Puerto Rico v. Secretario de HaciendaSupreme Court of Puerto Rico· 1958-06-25· cited 8×
- State v. HaynesSupreme Court of Arkansas· 1927-12-05· cited 6×
- Louisiana & A. Ry. Co. v. ShawSupreme Court of Louisiana· 1908-04-27· cited 6×
- Delaware Registration Trust Co. v. Delaware Forge & Steel Co.Court of Chancery of Delaware· 1927-07-27· cited 5×
- Laclede Steel Co. v. Hecker-Moon Co.Appellate Court of Illinois· 1935-01-14· cited 5×
- Louisiana & North Western Railroad v. State Board of AppraisersSupreme Court of Louisiana· 1902-07-01· cited 3×
- Hillsboro Coal Co. v. KnottsS.D. Illinois· 1920-11-08· cited 3×
Cites
10 cases in this archive are cited by this case.
- Illinois Central Railroad v. DecaturSupreme Court· 1893-01-09· cited 156×
- Keokuk & Western Railroad v. MissouriSupreme Court· 1894-03-12· cited 120×
- Winona & St. Peter Land Co. v. MinnesotaSupreme Court· 1895-11-11· cited 112×
- Yazoo & Mississippi Valley Railroad v. ThomasSupreme Court· 1889-11-18· cited 102×
- Nofire v. United StatesSupreme Court· 1897-01-04· cited 60×
- New Orleans City & Lake Railroad v. New OrleansSupreme Court· 1892-02-29· cited 59×
- Bank v. TennesseeSupreme Court· 1882-01-18· cited 42×
- Chicago, Burlington, & Kansas City Railroad v. GuffeySupreme Court· 1887-03-07· cited 38×
- People Ex Rel. Schurz v. CookSupreme Court· 1893-04-03· cited 36×
- Yazoo & Mississippi Valley Railroad v. Board of Levee Commissioners of Yazoo Mississippi DeltaSupreme Court· 1889-11-18· cited 5×
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