Union Trust Co. v. Weber

Citations

• 96 Ill. 346
• 1880 Ill. LEXIS 39

Syllabus

<p>1. Taxation—who are owners of a railroad for purposes of taxation—contractors. Contractors binding themselves to construct and equip a railroad, and who are to receive therefor subscriptions to the stock, and bonds, and mortgages on the road, and are to furnish and pay for all materials, labor and machinery, and who are placed in possession of the road to enable it to perform the contract, and authorized to operate the road, and receive the earnings thereof, paying to the railroad company the net profits, are not vested with the franchise and right Of way, and are not the owners of the road for purposes of taxation.</p> <p>2. Same—assessing in wrong name. The listing or assessing of railroad property in a wrong name as owner, forms no ground for enjoining the collection of the tax thereon. Property is liable to pay a tax without reference to its ownership. Section 253 of the Revenue act makes all taxes on real estate a lien on the same from and after the first day of May in the year it is assessed, without regard to its ownership.</p> <p>3. Same—as to what is real estate and what is personal property of a railroad. The land constituting the right of way of a railroad, with the ties, rails, etc., in place on the track, and turn-outs, depot grounds, and the buildings on the same, are real estate, but the rolling stock is made by statute, for the purposes of taxation, personal property.</p> <p>4. Same—lien on real estate for tax on personalty. Taxes assessed on personal property of the same owner become a lien on his real estate, and a tax upon the capital stock and franchise of a railroad company, whether they be regarded as real or personal properly, is a lien upon the real property of the company.</p> <p>5. Same—apportioning capital stock of railroad among counties. The failure of the State Board of Equalization to apportion the value of the capital stock of a railroad company among the several counties through which the road is located, and the making of such ap