Hart v. Rust
Texas Supreme Court
Appeal from Wharton. Tried below before the Hon. William H. Burkhart. By an act of the Legislature of the State of Texas, approved January 16th, 1858, and taking effect from its passage, the county of Wharton was given power to levy, upon all persons and property in the county, a special tax to aid in the construction of a railroad from Brazoria county to some point in the county of Wharton; and it was provided, (sec. 4,) that if the County Court should fail to levy and…
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Appeal from Wharton. Tried below before the Hon. William H. Burkhart. By an act of the Legislature of the State of Texas, approved January 16th, 1858, and taking effect from its passage, the county of Wharton was given power to levy, upon all persons and property in the county, a special tax to aid in the construction of a railroad from Brazoria county to some point in the county of Wharton; and it was provided, (sec. 4,) that if the County Court should fail to levy and collect said tax, the act itself levied it. Under this law a tax was levied by the County Court, 22d May, 1858, and annually…
1Opinion of the Court
Moore, Associate Justice.
This suit was brought by the appellee for the recovery from the appellants of forty acres of land, a part of the Martin Allen league, which is admitted by both parties to have formerly belonged to A. C. Horton, and under whom they both claim to derive title.
A number of questions of much interest have been discussed by counsel, the proper determination of some of which is by no means free from difficulty. It is not necessary, however, in the view we take of the case, for us to pass upon but few of them; and these are not believed to be of difficult *571solution. The point…
2Cases cited8 opinions
- Crosby v. HustonTexas Supreme Court · 1846
- Ferguson v. FergusonTexas Supreme Court · 1864
- Cobb v. NorwoodTexas Supreme Court · 1854
- Avery v. AveryTexas Supreme Court · 1854
- Johnson v. BowdenTexas Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Texas Pacific Coal & Oil Co. v. BruceCourt of Appeals of Texas · 1921
- McLane v. BelvinTexas Supreme Court · 1877
- John Hancock Mutual Life Insurance v. MorseTexas Supreme Court · 1939
- Wright v. DunnTexas Supreme Court · 1889
14 more not listed; retrieve them via the Exa API.