Houston & T. C. Ry. Co. v. State
| Decision Date | 15 April 1897 |
| Parties | HOUSTON & T. C. RY. CO. et al. v. STATE. |
| Court | Texas Supreme Court |
Suit by the state of Texas against the Houston & Texas Central Railway Company and others. Judgment for plaintiff. From a judgment of the court of civil appeals (36 S. W. 819) affirming such judgment, defendants apply for writ of error. Refused.
T. D. Cobbs and Baker, Botts, Baker & Lovett, for applicants.
The attorney general for the state of Texas instituted suit against the plaintiffs in error in the district court of Nolan county to recover of them 16 sections of land acquired under the facts hereinafter stated. The trial was before the court, which rendered judgment for the state for the land in controversy. The facts, so far as necessary to understand the question, that we deem it important to notice in passing upon this application, are as follows: By special act approved February 2, 1856, the legislature of the state of Texas granted a charter to the Washington County Railroad Company, and the incorporators named therein were authorized to construct and operate a railroad from any point on the Galveston & Red River Railroad which might be selected by them to Brenham, in Washington county. The Galveston & Red River Railroad was afterwards changed to the name of the Houston & Texas Central Railway, one of the plaintiffs in error. The Washington County Railroad was constructed within the time required by its charter, and afterwards, under a foreclosure proceeding, was purchased by the Houston & Texas Central Railway Company, which purchase was confirmed by an act of the legislature of the state approved August 15, 1870, entitled "An act for the relief of the Houston & Texas Central Railway Company." The fact of the purchase of the Washington County road by the Houston & Texas Central Railway Company, and other facts, were recited in the preamble to that act, the first section of which provided as follows: Under this act of the...
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