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SMITH v. FEATHER

No. 12172.

229 S.W.2d 417 (1950)

SMITH et al. v. FEATHER et al.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied April 27, 1950.

Attorney(s) appearing for the Case

A. C. Winborn, Criminal District Attorney, W. K. Richardson, Ass't Criminal District Attorney, Knipp & Broady and Ernest A. Knipp, all of Houston, for appellant.

J. P. Markham, Jr., of Houston, for appellee.

Will Sears, City Attorney, and J. L. Wroe, Ass't City Attorney, Houston, Attorneys for amici curiae, City of Houston.

Trueman O'Quinn, City Atty., and Robert L. Burns, Asst. City Atty., of Austin, amicus curiae, for League of Texas, Municipalities and Texas City Attorneys Ass'n.

CODY, Justice.

This was a suit by the fee-simple owners of a tract of land 83 1/3 feet by 150 feet, in the City of Houston, to enjoin the Tax Assessor and Collector and the members of the Commissioners Court of Harris County from taxing said property for 1947 and subsequent years, on the ground that said property was owned and used exclusively for school purposes.

Trying the case without a jury, the court enjoined the defendants from carrying a portion of...

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