International & Great Northern R'y Co. v. Smith County

Citations

• 65 Tex. 21

Syllabus

<p>1. Railroads—Exemptions.—Arguments and conclusions of the court in I. & G. N. Ry. Co. v. Anderson county, 59 Tex., adopted.</p> <p>2. Same — Act of 1875.— The “property” or “franchise” of a railroad, exempted from taxation by a legislative act, was sold under a mortgage. Held-.</p> <p>(1) That the right of exemption from taxation probably did not pass by the sale as a thing sold and per force of the sale.</p> <p>(2) The act of March 10, 1875, was a declaration having the force of a law, as well as a contract,- by which the right to the exemption was secured to persons who might succeed in any manner to the corporate rights and ownership of the property exempted from taxation by the act.</p> <p>(3) The exemption passed by force of the law, while title to the thing exempted was subject to the rules regulating the transfer of property.</p> <p>(4) The word “successors” was evidently used to designate such persons as might, in a lawful manner, acquire the proprietorship of the corporate rights and property through which they were to be exercised, while “ assigns ” was probably used to designate parties who might acquire the land certificates before location, or the lands afterwards.</p>