"(1) That the city of Austin is a municipal corporation, duly and legally incorporated by a special act of the Legislature of the state of Texas, and having its domicile in Travis county, Tex., and whose mayor is A. P. Wooldridge.
"(2) That the Guarantee Life Insurance Company of Houston, Tex., is a corporation, duly and legally incorporated under and by virtue of the laws of the state of Texas, for the corporate purpose of doing a life insurance business in Texas, and whose principal place of business is in Houston, Harris county, Tex., and whose secretary is H. W. Cochnower, who resides in Harris county, Tex.
"(3) That the Guarantee Life Insurance Company of Houston, Tex., has filed all the articles of incorporation, etc., paid all the franchise taxes, etc., and in fact performed all the obligations and duties required of it by the laws of the state of Texas, and by the rules of the commissioner of insurance and banking of the state of Texas, to properly and legally do business in the state of Texas, but has not paid to plaintiff the taxes claimed by it.
"(4) It is agreed that, under and by virtue of its charter of incorporation, the plaintiff has, and continually has had, since the date of its original incorporation, the power and authority, to be exercised by its city council
to levy and collect annual taxes for current expenses and public free schools, and to pay interest and sinking fund annually on valid bonded indebtedness of the city, and for various other purposes, 2½ per cent. on the assessed value of all property in said city, on property made taxable by law for county and state purposes.
"(5) It is agreed that plaintiff, acting under and by virtue of the power and authority so vested in it, and by its city council, by ordinances duly passed for that purpose, and duly approved by its mayor, on the dates hereinafter mentioned, did lawfully levy the following taxes for the years hereinafter mentioned and set out; the amounts of said taxes levied for the purposes set out being the sums levied on each $100 worth and valuation of all property situated within the corporate limits of said city, and taxable by law for state and county purposes:
"1908.
"For the year 1908, by ordinance duly passed on October 19, 1908, and approved October 20, 1908, for current expenses and general improvements of the city and its property, $1 on each $100 worth of valuation of all property in said city, for the purpose of paying interest and creating a sinking fund on the valid bonded indebtedness of the city, 50 cents on each $100 worth and valuation of property, and, for the support of the public schools of the city, 33 1/3 cents on each $100 worth and valuation of such property.
"1909.
"For the year 1909, by ordinance duly passed December 29, 1909, and approved December 29, 1909, for current expenses and general improvement of the city and its property, 95 cents on each $100 worth of and valuation of all property in said city, and, for the payment of interest and creating a sinking fund on the valid bonded indebtedness of the city, 38 cents on each $100 worth and valuation of property, and, for the support of the public free schools of the city, 33 1/3 cents on each $100 worth and valuation of such property.
"(6) It is agreed that all taxes properly and lawfully levied and assessed by virtue of the charter and ordinances of the said city of Austin become a first lien on said property, and that, in case the court shall hold that the defendant is due taxes on the property described herein, and in plaintiff's petition, or any part thereof, that the plaintiff is entitled to a lien on said property to secure the payment of said taxes.
"(7) It is further agreed that, in the assessment of the property described herein, the same has been duly and legally assessed in accordance with all forms and regulations of the city charter, and the ordinance applying thereto.
"(8) It is agreed that, under and by virtue of the city charter of the city of Austin, and all ordinances now in force by said city, that the whole amount of taxes bears interest at the rate of 6 per cent. per annum from the date said tax became delinquent, and that the said city has a lien on the property to secure the payment of the said interest, if entitled to recover of defendant said taxes.
"(9) It is agreed that the city, under its charter, and by proper ordinance, has provided for the collection of an additional 5 per cent. upon the amount of said delinquent taxes as a penalty against the delinquent taxpayer failing, neglecting, or refusing to pay said taxes before the same shall have become delinquent, and that the said 5 per cent. penalty shall be a part of said taxes and a lien against the property on which said taxes are due, if entitled to recover of defendant said taxes.
"(10) It is agreed that the city charter of the city of Austin provides that, if the city assessor or collector shall discover any property subject to taxation for any year heretofore, and which shall for any cause escape taxation, he shall require the same to be listed and assessed according to the rate of taxation levied for the year or years it was omitted, and enter the same as a supplement to the next roll, stating the year, and the taxes thereon shall be collected in the same manner as other assessments: Provided, that such supplementary roll may be made at any time, and reported to the city council for its approval. The taxes assessed upon such supplemental rolls shall be due at once upon approval of such roll by the city council, and, if not paid within 60 days thereafter, shall bear interest at the rate of 6 per cent. per annum, and may be collected by seizure and sale or suit, as provided for the collection of other taxes. And it is further agreed that the assessment of the property involved in this suit was made and approved by the city council of the said city of Austin on the 12th day of October, 1912, and that such assessment was duly and legally made and said rolls approved on said date under and by virtue of the charter of the city of Austin, and that the said taxes became delinquent on the 12th day of December, 1912, and, by reason of the failure of the defendant herein to pay said taxes, the same bears interest from said 12th day of December, 1912, at the rate of 6 per cent. per annum, and, further, by reason of the said defendant's failure to pay said taxes on said date, the said penalty of 5 per cent. then and there became due and payable: Provided, plaintiff is entitled to recover of defendants said taxes.
"(11) It is hereby agreed that the defendant herein deposited in the state treasury of the state of Texas the securities hereinafter named, under provisions of section 8, c. 170, of the General Laws of Texas, enacted by the Thirtieth Legislature, and approved April 24, 1907, p. 318, Acts of Thirtieth Legislature 1907, which reads as follows:
"`Sec. 8. That any insurance company coming
within the provisions of this act, or the stockholders thereof, may, in addition to the deposit required by this act, at its or their option, deposit with the treasurer of this state the capital stock or any part thereof, of such company, or securities covering such capital stock, and may, at their option, withdraw or substitute such stock or securities so voluntarily deposited; provided, that the substituted securities shall be approved by the insurance commissioner.'
"The securities which were so deposited on January 1, 1908, were in the following amounts and character: One note for $75,000, executed by Faber Planting Company on the 23d day of August, 1906, and due on the 23d day of August, 1916, which said note is secured by a deed of trust on 4,000 acres of land. And one note for $25,000, executed by H. Masterson on February 7, 1907, and due February 7, 1908, which said $25,000 note is secured by four vendor's lien notes, Nos. 1 to 4, three for $25,000 each, and one for $15,000, making a total of $90,000, which said vendor's lien notes were executed by the Texas Town Lot Improvement Company, and payable to H. Masterson. That said $25,000 note was renewed in the year 1908, to become due in 1910. All of which said notes and deed of trust were on deposit in the state treasury in the city of Austin, Tex., on the 1st day of January, 1908, as was permitted by law, and which said two notes so deposited in the state treasury as aforesaid were and are of the aggregate reasonable cash, market, and face value of more than $100,000.
"For the year 1909 there remained on deposit by the defendant, under like circumstances and conditions in said state treasury, on the 1st day of January of said year 1909, the following amount and character of securities: One note for $75,000, executed by Faber Planting Company on the 23d day of August, 1906, and due the 23d day of August, 1916, which said note is secured by a deed of trust on 4,000 acres of land. And one note for $25,000, executed by H. Masterson on February 7, 1907, and due February 7, 1908, which said $25,000 note is secured by four vendor's lien notes, Nos. 1 to 4, three for $25,000 each, and one for $15,000, making a total of $90,000, which said vendor's lien notes were executed by the Texas Town Lot Improvement Company, and...
