City of Waxahachie v. Brown
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Eugene Williams. Appellees brought this suit on the twenty-second day of February, 1886. They alleged that on or about the first day of August, 1884, they contracted with the board of trustees of public free schools of the town of Waxahachie, to sell to the town ten acres of land situated within the corporate limits, upon which were valuable school buildings, known as Marvin College; that the consideration agreed upon was…
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Appeal from Ellis. Tried below before the Hon. Eugene Williams. Appellees brought this suit on the twenty-second day of February, 1886. They alleged that on or about the first day of August, 1884, they contracted with the board of trustees of public free schools of the town of Waxahachie, to sell to the town ten acres of land situated within the corporate limits, upon which were valuable school buildings, known as Marvin College; that the consideration agreed upon was fifteen thousand dollars, to be paid as follows: The town of Waxahachie assumed a mortgage then existing upon the property of…
1Opinion of the Court
Gaines, Associate Justice.
The leading question in this case is, did the tows of Waxahachie, at the time the contract here sought to be enforced was entered into, have the power to create an indebtedness for the purchase of a school house, and to issue bonds therefor. The corporation was then organized and performing its functions under a charter granted by a special act of the legislature, passed April 28, 1871. The sections of this act which define the powers of the town, and of its board of aider-men, are as follows: '
“Section 1. Be it enacted by the legislature of the State of Texas, that…
2Cases cited3 opinions
- Robertson v. BreedloveTexas Supreme Court · 1884
- Dwyer v. HackworthTexas Supreme Court · 1882
- City of Galveston v. LoonieTexas Supreme Court · 1881
3Cited by17 opinions
- Foster v. City of WacoTexas Supreme Court · 1923
- City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
- State ex rel. Swift v. DillonSupreme Court of Florida · 1918
- Weil v. Mayor of NewbernTennessee Supreme Court · 1912
- Bean v. Town of VidorCourt of Appeals of Texas · 1969
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