No. 43.

231 U.S. 353 (1913)


Supreme Court of United States.

Decided December 1, 1913.

Attorney(s) appearing for the Case

Mr. Robert L. Batts and Mr. V.L. Brooks for plaintiff in error.

Mr. B.F. Looney, Attorney General of the State of Texas, Mr. G.B. Smedley and Mr. Knight Stith for defendant in error.

MR. JUSTICE LAMAR delivered the opinion of the court.

The State of Texas brought suit against Downman to collect taxes on "mineral rights" owned by him in 50,000 acres of land in Llano County. In his answer he contended that he was not liable because the mineral rights were not real estate but mere licenses to work and develop mines in the future; that if real estate they had already been returned by the owners of the surface and, as the latter had already paid taxes...

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