The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-15


force and foreclosure in any court having
jurisdiction OF the same. and the lien
charge and encumbrance on the property
In favor of the city for the amount OF
the taxes due on such property Is sucf
| as to give the state courts Jurisdiction
TO enforce ana foreclose said lien on th,
property on which tho tax ia due, moi
only as against any resident OF this state
but against persons who are nJ1-rosl-
dents OF this state, or whose residence
Is unknown, and against the unknown
heirs OF any person who own the prop.
erty on which the tax r. due.
The city of Houston has the right Il
maintain a suit to recover personal
Judgment for the amount of the tax due
! it, aud the tax may be collected by sale
OF the particular property on Which II
Is assessed by enforcing the lion, or by
the sale OF that or other property under
Judgment of the court. or by seizure
and sale Of personal properly; proyiacd
that when any action Is instituted 10 ic-
cover taxes all the taxes due oy any per-
son upon any piece, lot or parcel OF Prop
erty shall be embraced In one suit
wherever the Same is legal and piuctica-
bic. and where the same Is legal and
practicable. aud where the same can be
done and Is not done. all taxes for years
antecedent to those for which the taxes
are alleged to be due shall be conclusive
ly presumed to have been paid. and where
two or moro actions are brought. whore all
the taxes due might legally have been
embraced In one action the court shall,
on motion of tho defendant. or Of rs
own motion consolidate said actions ard
where same Is done costs shtil be paid IS
In only one action.
For the taxes due on any property for
any and all years from the year 1875 w
to and including the year 1896. and for
all Ia ma MI gf n ne
vided by charter either tue tax rolls or
a statement OF the taxes duo on any prop
erty made from said rolls ccrriNed to
and signed by the city ass 's3lr ana col
lector OF taxes of the city Ct Houson,
shall be prima facie evidence thG- the
tax on the property is due; tnat the
facts stated therein are true. AMI that
~ La prerequisites required by law
SG1a'wN@ to the leyying and assessing OF
taxes on tho property on which the suit
Is brought for the taxes due have been
complied with, In addition TO the tax
rolls and he certified statements made
from said roll being prima facie evidence,
as above stipulated for the years 1890, 1891,
1892, 1893 and 1894, the deed executed by
the sales made by him during said years
OF property for taxes In accordance with
the provisions of the charter of the city
in force during he last named years shall
also be prlma facie evidence that the tax
on the property is due and unpaid, that
The facts stated in said deed are true and
that all the requirements of the law have
been complied with, provided that this
shall in no wise be so construed as to
prohibit the plea OF the statutes of lml-
tatlon as hereinafter provided,
ANY delinouent taxpayer shall have the
riphi IN MEAD in any court and ia reIy
mon tho statutes OF limitation Of four
ytars In any snIt for taxes alleging T.. he
du, lhr civ of uoustnn which may hpre-
after he brought and in no case wherein
such limitation is plcad and thp taxes eued
for or any mart thereof ara shown 10 havp
HON duo and PAYABLE for four wears ~.
more before said ami WA inst+fufed shalI
ludrment he rendered for such taxes 80
shawn ia have hecn due fnr mora Than
four Years In suits for faxcs Tho nroner
person shall he made norties defendant in
sunh puit nnd sbau no aorved with nro-
cess and otber proceedinps md tberein as
provided nv law for snits Of mo char
acfer In tho districts az thIs state. and
i'm cosn ~ forecIceurs an nr5er or satc
shnii issue and mo lana he sofa ,hnce-
upder as in other cnrea OF Foreclosures
(which order of eals shau bnvo nh TIA
force ana effe,t oe a ,vrit az noaeessIon he-
tween rho martins ia Tho sulO ana any
person claiming under tba dsfendant IN,
any ripht acouired nfter Tho aIing ot he
suit and the shortu or other offirer rye-
cutting such order OF sale shall nroceed nv
y,r,,,e ~ ,ba sa,,e "a rI,ro ~ n,,roha.t,r
o. the property sold under such order Of
sale in possession. thereof within thirty
days after date Of sale. but not before.
and such order OF sale may direct that D.
sheriff or other officer executing such
order OF sale shah sell the property. either
each plecc separately, as under execution.
or in gross as the city through IT'S attorney
may direct and II the defendant or his
attorney shall at any time before the sale
iile with the sheriff or any other officers
IN whose hands any such order OF sale
shall be placed. u written request that the
property described therein shall be divided
and sold IN less tract than the whole to-
gother with description Of said subdi-
visions, then such officer shall sell the land
in said subdivisions as the defendant may
request. aud In such case shall sell only as
many subdivisions, as near as may be. as
will satisfy judgment interest. court cost.
and other costs. hereinafter specified. In
all cases IN which lands have been sold
or may be sold for default in the payment
OF taNes 1t shall be lawful for the sheriff
selling the same. or any OF his successors
In office to make n deed or deeds To the
purchaser or to any other person to whom
the purchaser may direct the deed to be
made, and such deed shall be held in a
court Of law or equity In this State to vest
q good and perfect title TO the purchaser
thereof
Tho city attorney shall renresent m,