Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1884, and the Galveston term, 1885. Volume 63. Page: 20
xxiv, 824 p., 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
20 GALVESTON WHARF CO. v. GALVESTON. [Tyler Term,
Opinion of the court.
Consolidated Wharf Company" all the property, rights and claims
of ev6ry kind and description (except certain property specified) of
the Galveston Wharf Company; as did it all the right, title, interest
and claim of every kind and description of the city of Galveston
in and to all land and ground embracing the Jlts, between and inelusive
of Ninth and Thirty-first streets, and also all rights, capacities,
powers and claims of the city to erect wharves and receive
wharfage at the ends of streets then extending, or to be extended,
to the channel; and it declared those things and rights "to be
henceforth the corporate property, right and title of the said Galveston
Wharf Company, and owned, held, possessed, controlled, used
and administered by said company."
The purpose of this part of the decree was, evidently, to vest in
the consolidated company, which, in all instances but one, is called
" The Galveston Wharf Company," the rights, even of property, as
well as of use, which had formerly been owned or claimed by the
wharf company and the city, or either of them, except as limited on
the face of the decree.
The language used seems, in many respects, sufficient to vest the
absolute title in all property and rights to which it applies in the
consolidated company; but when considered in connection with
the language which immediately follows, it is not inconsistent with
an intention to give to the stockholders of the wharf company
existing before consolidation, title to two-thirds of the property, and
to the city one-third; all to be under such qualified ownership and
dominion of the consolidated company as was necessary to enable
it to carry out the purposes for which the consolidation of the
respective interests was made.
The beneficial interests to accrue from profits, as well as the proprietary
interests which would inure to the respective parties in
interest in case of dissolution of the Galveston Wharf Company,
are evidenced by the shares of stock of which the parties were
respectively declared the owners and holders.
It is not clear from this part of the decree whether the declaration
in reference to the holding of "one-third by the said plaintiff /
(the city) in trust as aforesaid" refers to the shares of stock or to/$
the property as well, but the preceding part of the decree, t" which i
reference is made, which relates to the property as well as thi
shares of. stock, renders it highly probable that it was in this conti
nection used in relation to the property as well as the shares 'of
stock; it is, however, immaterial in reference to the matter under
\ consideration, whether it refers to one or both, for in either event
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1884, and the Galveston term, 1885. Volume 63., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28511/m1/44/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .