STATE OF TEXAS v. MOODY'S ESTATE

No. 11501.

156 F.2d 698 (1946)

STATE OF TEXAS et al. v. MOODY'S ESTATE et al.

Circuit Court of Appeals, Fifth Circuit.

July 16, 1946.


Attorney(s) appearing for the Case

L. P. Lollar and W. T. Curry, Assts. to Atty. Gen. of Texas, and Charles H. Theobald, of Galveston, Tex., for appellants.

H. E. Kleinecke, Jr., and Jas. W. Wayman, both of Galveston, Tex., for appellees.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.


PER CURIAM.

The question involved here is whether Art. 7151, Revised Civil Statutes of Texas, 1925, as amended on April 7, 1943, by S. B. 126, Vernon's Ann.Civ.St. art. 7151, exempts from the 1944 taxes lands which on January 1, 1944, were merely under lease by the owner to the United States, the fee of which was not acquired by the Government until February 8, 1944.

In the first section of the statute there appears the following language:

"* * * if...

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