Kelsey v. Corbett, 5716
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
| Writing for the Court | PRESLAR |
| Citation | 396 S.W.2d 440 |
| Parties | John H. KELSEY et al., Appellants, v. Perry H. CORBETT et al., Appellees. |
| Docket Number | No. 5716,5716 |
| Decision Date | 13 October 1965 |
Page 440
v.
Perry H. CORBETT et al., Appellees.
Rehearing Denied Nov. 17, 1965.
Stubbeman, McRae, Sealy & Laughlin & F. H. Pannill, Midland, for appellants.
Deaderick, McMahon & McKim and Connell Ashley, Odessa, Kerr, FitzGerald & Kerr, Midland, for appellees.
Gibson, Spence & Gibson, Austin, amicus curiae.
Page 441
PRESLAR, Justice.
John H. Kelsey and others, tax-payers and taxable property owners within the District of Pecos County Water Control and Improvement District No. 2, appellants herein, brought this suit as plaintiffs, seeking a judgment declaring that neither the plaintiffs nor their property interests were subject to the ad valorem taxes levied and assessed for the purpose of payment of interest and principal, past and future, on bonds issued by such Improvement District. Named as defendants were Pecos County Water Control and Improvement District No. 2, Perry H. Corbett and J. Folse Roy, the original purchasers and present hloders of the bonds, and Dan L. Crump, Tax Assessor and Collector for Pecos County, and others.
Pecos County Water Control and Improvement District No. 2 was formed by an election held in 1955, and it is conceded by all parties hereto that all proceedings relating to the formation of such District and the approval of its bonds are, on their face, letter-perfect. The plaintiff-appellants quite frankly concede in their brief in this court that their position is:
'(a) There were no resident property taxpaying qualified voters who had rendered their property for taxes so as to be qualified to vote-in fact, there were no inhabitants at all in the area constituting the purported district;
'(b) The persons who did vote at the election to create a district and at the election to authorize the issuance of the bonds were imported from outside the district for the sole purpose of casting ballots at this fictitious election, and were neither residents of nor owners of property within the purported district, and
'(c) The defendants who are the original purchasers and present claimants of the bonds knew at all material times, and particularly at and prior to their purchase of the bonds that there were no resident property tax-paying qualified voters who had rendered their properties for taxes who did or could have voted at the elections and therefore knew, or were on notice, that the elections were fictitious.'
Plaintiffs went to trial on their Third Amended Original Petition, all of which, except paragraph 2 thereof, they specifically dismissed with prejudice; and paragraph 2 simply adopted their Second Amended Original Petition; so that, in effect, they went to trial on their Second Amended Original Petition. An...
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Fort Worth Transp. Auth. v. Rodriguez, 16–0542
...1206 (1934) ("Assertion by the complainant of entire disinterestedness is essential to a bill of interpleader."); Kelsey v. Corbett , 396 S.W.2d 440, 442 (Tex. Civ. App.—El Paso 1965, writ ref'd n.r.e.) ("We see no basis for such allowance of attorney's fees [for the Tax Assessor–Collector]......
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Prudential Ins. Co. of America v. Burke, 8844
...Company v. Zellars, 452 S.W.2d 539 (Tex.Civ.App.-El Paso), aff'd on other grounds, 462 S.W.2d 550 (Tex.1970); Kelsey v. Corbett, 396 S.W.2d 440 (Tex.Civ.App.-El Paso 1965, writ ref'd n. r. e.), appeal dism'd, 385 U.S. 35, 87 S.Ct. 240, 17 L.Ed.2d 34 (1966); Annot., 87 A.L.R. 3d 429 The judg......
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Ex parte Progreso Independent School Dist., 2503
...elections. See, Moore v. City of Corpus Christi, 542 S.W.2d 720, 722 (Tex.Civ.App.--Austin 1976, writ ref'd n.r.e.); Kelsey v. Corbett, 396 S.W.2d 440 (Tex.Civ.App.--El Paso 1965, writ ref'd n.r.e.); Weinberg v. Molder, 312 S.W.2d 393 (Tex.Civ.App.--Waco 1958, writ ref'd n.r.e.); Rawson v. ......
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Rodriguez v. Fort Worth Transp. Auth., 02–14–00340–CV
...party is entitled to attorney's fees and using the terms "innocent stakeholder" and "disinterested stakeholder"); Kelsey v. Corbett, 396 S.W.2d 440, 442 (Tex. Civ. App.—El Paso 1965, writ ref'd n.r.e.) ("We see no basis for such allowance of attorney's fees [for the Tax Assessor–Collector],......
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Fort Worth Transp. Auth. v. Rodriguez, 16–0542
...1206 (1934) ("Assertion by the complainant of entire disinterestedness is essential to a bill of interpleader."); Kelsey v. Corbett , 396 S.W.2d 440, 442 (Tex. Civ. App.—El Paso 1965, writ ref'd n.r.e.) ("We see no basis for such allowance of attorney's fees [for the Tax Assessor–Collector]......
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Prudential Ins. Co. of America v. Burke, 8844
...Company v. Zellars, 452 S.W.2d 539 (Tex.Civ.App.-El Paso), aff'd on other grounds, 462 S.W.2d 550 (Tex.1970); Kelsey v. Corbett, 396 S.W.2d 440 (Tex.Civ.App.-El Paso 1965, writ ref'd n. r. e.), appeal dism'd, 385 U.S. 35, 87 S.Ct. 240, 17 L.Ed.2d 34 (1966); Annot., 87 A.L.R. 3d 429 The judg......
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Ex parte Progreso Independent School Dist., 2503
...elections. See, Moore v. City of Corpus Christi, 542 S.W.2d 720, 722 (Tex.Civ.App.--Austin 1976, writ ref'd n.r.e.); Kelsey v. Corbett, 396 S.W.2d 440 (Tex.Civ.App.--El Paso 1965, writ ref'd n.r.e.); Weinberg v. Molder, 312 S.W.2d 393 (Tex.Civ.App.--Waco 1958, writ ref'd n.r.e.); Rawson v. ......
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Rodriguez v. Fort Worth Transp. Auth., 02–14–00340–CV
...party is entitled to attorney's fees and using the terms "innocent stakeholder" and "disinterested stakeholder"); Kelsey v. Corbett, 396 S.W.2d 440, 442 (Tex. Civ. App.—El Paso 1965, writ ref'd n.r.e.) ("We see no basis for such allowance of attorney's fees [for the Tax Assessor–Collector],......