Witherspoon v. Texas Pacific Railroad

Citations

• 48 Tex. 309

Syllabus

<p>1. Statute construed—Sold-out railroad.—Paschal's Dig., 4916, relating to the administration of the assets of sold-out railroad companies, construed.</p> <p>2. Same.—The trust cast by the statute upon the directory existing at such sale, is to be exercised collectively, and in their aggregate capacity, and not as individuals.</p> <p>3. Same.—The powers and responsibilities given and reposed upon such trustees of sold-out companies, by the statute, could not be thrust upon them merely by reason of their being directors of the company when sold out. They must have accepted the trust, before they can be held responsible for the discharge of the duties of trustees.</p> <p>4. Same—Void judgment.—A judgment founded upon service of citation upon two of such trustees, where there were ten, the presumption being as great that all have accepted and are competent to act as the two served, (there being no evidence of acceptance of the trust by any,) will not warrant the seizure and sale of property not in the possession or under the immediate control of the trustees served with citation.</p> <p>5. Same—Trespass to try title.—Plaintiffs in trespass to try title exhibited, as one link in their chain of title, an execution sale under a judgment rendered upon service of citation upon two out of ten persons elected directors of the railroad company an hour and a half before the sheriff’s sale under execution of the road, road-bed, &c., there being no evidence that said persons ever acted as directors or trustees, the property not being under the control of the parties served with citation : Held, That the levy and sale under such judgment passed no title to the land.</p>