Ward County Irr. Dist. No. 1. v. Western Union Telegraph Co.
Ward County Irr. Dist. No. 1. v. Western Union Telegraph Co.
Opinion of the Court
Appellant brought this suit in the district court to recover delinquent taxes -levied and assessed by it against ap-pellee, together with interest, penalties, and costs, amounting in the aggregate to less than $100, and to establish and foreclose a lien upon the property against which the taxes were levied. In the petition it is averred “that said taxes with interest, penalty, and costs are a lien upon each' tract or lot of land of the following described lands situated in Ward county, state of Texas, and within the said Ward county irrigation district No. • 1, to wit, 5% miles of telegraph -lines and poles.”
In the tax statement attached as an exhibit to the petition the property is described as “5% miles telegraph lines.” The property is not otherwise described, nor is there any allegation as to its value.
Appellee excepted to the petition upon the ground that the court had no jurisdiction over the subject-matter. The exception was sustained, and the suit dismissed.
Appellee, in support of the judgment, asserts that the suit was for an amount less than that of .which the district court has jurisdiction, and to foreclose a lien upon Iiersonal property, and therefore the plea was properly sustained.
Reversed and remanded.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.