22 S.W.2d 482 | Tex. App. | 1929
There are two points urged on this appeal: (1) That the plaintiff showed no such interest as authorized him to bring and maintain the suit; and (2) that no fraud was shown in the purchase and sale of the lands in controversy. The plaintiff, as "a resident taxpayer in the County of Rains," seeks to cancel a purported sale or contract of sale of the county school lands for an alleged consideration therefor occasioning loss in substantial amount to the school land fund of the county. Such is the only interest, as alleged and proven, that the plaintiff has in the cause of action or in the subject-matter of the controversy. It is believed that he cannot invoke the right to maintain such particular suit and to obtain the allowance of an injunction therein in virtue merely of being a resident taxpayer. That would be so, because it conclusively appears that the plaintiff would not be affected or injured in the wrongful sale of the lands in any way peculiar to him individually, but the injury he would suffer would be only such as is common to all the public. His interest in the lands was not of an individual nature, but purely such as arises in virtue of his being a member of the general public. The alleged wrongful sale of the lands did not in any wise operate to create a debt which the plaintiff, in common with other property holders, may be legally compelled to pay through taxation actually levied upon their property. Neither would such alleged wrongful sale operate or have the legal effect to in any wise create the burden of immediate or direct taxation upon the property holders. The Constitution of this state expressly provides *484
that the proceeds of the sale of public school lands granted to the several counties for educational purposes shall "be invested in bonds of the United States, the state of Texas, or counties in said state, or in such other securities and under such restrictions as may be prescribed by law; * * * the interest thereon and other revenue, except the principal, shall be available fund." Section 6, art. 7, Const. The interest from such invested proceeds of sale only goes to form a part of the available school funds of the county. The other available funds are distinctively derived from state school taxes, poll tax, and from taxes voted and collected by individual school districts. These methods of taxation are independent of each other, and wholly independent of the county school land fund. The county as such in no wise levies a school tax. There is distinction between lands granted to a county and the invested proceeds of sale therefrom, and the available funds apportioned by the state to the counties. Jernigan v. Finley,
The order appealed from is reversed, and the temporary injunction heretofore granted is dissolved, and the cause is remanded to the district court.