The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-06

Special Dispatch TO The Appeal.
JACKSON, Miss, Now 5.--The Supreme
Court rendered decisions today in the fol-
lowing cases. By Campbell, Judge-Wm.
Robinson VS.. Winston Jones, from Noxu-
bee Chancery Court, reversed, demurrer
overruled and cause remanded; L. \.
Holberry ct al. vs. T. S. Hatirey & Co.,
from Noxubee Circuit Court, reversed;
Magnolia Walker vs.. T. j. Ross, from
Noxubee Circuit Court, affirmed.
BY Arnold, Chief Jusiice--J. NJ. Brett
Va. W. 7. Brett, from Kcmper Chancery
Court affirmed. Peter James VS.. A. A.
Woods, from Holmes Circuit Court re-
versed and remanded. G.. A. & J. c.
Chic d Co. vs.. Western Assurance Com
pany, from First District Kinds Chancery
Court. affirmed. lazoo & Mississippi
Valley Railroad Company VS.. 5. b.
Thomas ct al, sheriiis and tax collectors,
affirmed This case decides a very i'm
portant question. Said road under its
charter is granted exemption from taxa
ton for q term OF twenty years from COM
pletion Of said road 10 the Mississippi
River, not to exceed beyond twenty years
from date Of charter, and when the period
Of exemption herein prescribed shall have
expired the property Of said railway shall
I he taxed at the same rate as other property
in this State" The counties Of Kinds,
Madison, Iazoo, Grenada and letiore,
! through which the road runs, claimed
taxes under an oct passed in ISIS TO tax
roads that have heretofore escaped taxation.
! The company conicnded that il was the
| intention Of the legislature TO grant a pc
Rod Of exemption which should begin at
the date OF the approval Of the actoiincor-
poraiion absolutely. Its duration was TO
! be contingent II was not TO extend be-
yond twenty-five years from that date, and
/ twenty wears from the completion OF line
or branch 20 the Mississippi River, or by
| the period OF twenty-five years IRON the
date OF the charter, which ever should first
happen. That there was TO bean extreme
outer limit, beyond which the period
would not extend, but short OF which it
might lie made 10 end, 10 wit by the
lapse OF twenty years OF the completion OF
| the line OF branch TO the river, should
tina, prove practicable. The court held
that under the clause OF the charter giving
/ the exemption, that the exemption does
not accrue until the road is completed 10
the Mississippi River, and that u Is sub
| ject 10 taxation, commencing with 1885.
The amount Of the judgment is SJ9,j2l,
| The case will he carried 90 the United
States Supreme C5urt, for which writ Of
error is now being prepared.
By Cooper, Jndge-Meyer & Winner vs..
Frank Henley, from Kemper Circuit Court
affirmed. L. q. Logue W. Caroline Sus
man. from Warren Chancery Court; az
iirped. L. II. Jamison VS.. L. W. Thomp'
son. from Iauderlale Chauncery Court
affirmed. J. r. MeCown vs.. ID. Mayer
from Warren Circuit Court; reversed ant
judgment here. In this ease Il i decided
that any owner OF land can mortgage 1
crop before the seed IS planted. II wa
supposed that the legislature intended {,
prevent this by the repeal Of the eleventh
section Of what is known as the "agicul
tural lien law"
Stables aggrcgating twenty-five rae
horses for the state fair have arrived, au,
the indications are that there will be tn
finest racing ever before In this state.