Grand Lodge, Etc., Sons of Hermann v. Curry, 10102.
| Decision Date | 11 August 1937 |
| Docket Number | No. 10102.,10102. |
| Parties | GRAND LODGE OF THE ORDER OF THE SONS OF HERMANN IN THE STATE OF TEXAS v. CURRY et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Thirty-Seventh District, Bexar County; Harry L. Howard, Judge.
Suit by the Grand Lodge of the Order of the Sons of Hermann in the State of Texas against Alice Curry, individually and as independent executrix of the estate of A. L. Curry, and others, and Zavala-Dimmit Counties Water Improvement District No. 1, to foreclose a lien on land, wherein last-named defendant filed a cross-action for taxes due it. From the judgment, plaintiff appeals, and last-named defendant cross-assigns error.
Judgment affirmed in so far as it forecloses plaintiff's lien, and reversed and rendered in so far as it forecloses last-named defendant's lien for taxes.
William A. Wurzbach and Herman Glosserman, both of San Antonio, for appellant.
Terrell, Davis, Hall & Clemens and A. V. Knight, all of San Antonio, for appellees.
The Grand Lodge of the Order of the Sons of Hermann in the State of Texas instituted this suit against Alice Curry, individually and as independent executrix of the estate of A. L. Curry, deceased, Flora D. Lowe, individually and as independent executrix of the estate of J. G. Lowe, deceased, and others, including Zavala-Dimmit Counties Water Improvement District No. 1.
The suit against the individuals sought a recovery for debt and foreclosure of a lien securing the same on the hereinafter described real estate situated in Zavala county, Tex.
The appellant alleged that the water improvement district was a public corporation and claimed certain taxes against the real estate for the years 1931 to 1935, inclusive; and further alleged that said lands were never, and are not now, within the boundaries of said district, and the claim by the water district for taxes was in virtue of a void petition which is as follows:
hereby make application to have said tracts of land included in and added to the territory included in Zavala-Dimmit Counties Water Improvement District No. 1, as established by an order of the Board of Directors of said Zavala-Dimmit Counties Water Improvement District No. 1, made on the ____ day of November, 1925, and on record in the minutes of said Board in Volume 1, page ____.
Allegations were made that the attempted inclusion of the land was void because such land was not described by metes and bounds.
The Improvement District answered generally and specially, and by cross-action pleaded taxes due the district on the land involved, for the years 1931 to 1935, inclusive. The appellant answered the cross-action of appellee that the Improvement District's claim for taxes was illegal, in addition to the facts originally alleged, that the land was not in the district, that the assessment of the land was not in accordance with the statutory provision, and that the description given was void for uncertainty.
The trial was to the court, without the intervention of a jury, and a decree entered establishing the debt and foreclosing appellant's lien against the land, and allowing the Improvement District a recovery for taxes for the year 1931 and a foreclosure of the lien for such taxes; and denying the district the taxes claimed for the years 1932 to 1935, inclusive.
The appellant brings the case here, and the appellee district cross-assigns error.
Appellant claims, by its first proposition, that, the Zavala-Dimmit Counties Water Improvement District No. 1 having only statutory authority to annex territory to the water district, and that the statute (Rev.St. 1925, art. 7649) requiring that such annexation be by a petition filed by an owner of...
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...v. Gross, 123 Tex. 49, 67 S.W.2d 242, was held defective because of no boundary lines; similarly, in Grand Lodge of Order of Sons of Hermann v. Curry, Tex.Civ.App., 108 S.W.2d 574, 576, writ refused, Judge Slatton recognizes that metes and bounds refer to boundaries of land, making no refer......
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...school districts "are generally more strictly construed than those of incorporated municipalities." See, also, Grand Lodge, etc., v. Curry et al., Tex.Civ.App., 108 S.W.2d 574, writ of error denied; McQuillin on Municipal Corporations, 2d Ed., vol. 1, p. 391, sec. 135; 17 American Jurisprud......
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...the District. In support of this contention he relies on a recent decision of this Court, styled Grand Lodge of the Order of the Sons of Hermann in the State of Texas v. Curry, 108 S.W.2d 574. It is true that in that case this Court held that the application to annex did not describe the la......
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