Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 422
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422 ROGERS V. RAGLAND. [Term of
Statement of the case.
reformed, omitting therefrom the said amount of counsel
Reversed and reformed.
Justice Moore did not sit in this case.
GEORGE F. ROGERS' ADMINISTRATOR ET AL. V. R. S. RAGLAND.
1. HOMESTEAD. The terms "town or city lot or lots," as used in the Constitution
in the homestead clause, cannot be construed to embrace
"farm-lots " purchased from the town or city, and used for farming
purposes when lying beyond the limits of the plan of the town and
city proper, and this though they may be included in the jurisdictional
limits of the town or city.
2. HOMESTEAD. B purchased a "building-lot " in the town of Victoria, on
which he erected a residence in which he lived with his family; afterwards
he purchased other lots, known as "farm-lots," from the corpo.
ration of the town, which were within the corporate limits, but re
moved from the town proper, and which were used by B for farming
purposes. Held, that the " farm-lots " constituted no part of the homestead,
they not being appurtenant to the town residence for homestead
8. HOMESTEAD. The widow cannot, after the husband's death, abandon
the homestead occupied by him at the time of his death, and select from
the corpus of the estate another, as against the rights of creditors. (Ragland
v. Rogers, 34 Texas, 617, overruled.)
ERROR from Victoria. Tried below before the Hon. T. C.
The estate of John B. Ragland, deceased, being in course of
administration in the County Court of Victoria, George F.
Rogers being administrator, in June, 1869, Mrs. R. S. Ragland,
the widow of deceased, filed her petition alleging, in substance,
that in addition to the residence on lot 4, in block 71, of the
town proper of Victoria, certain farm-lots on the town tract,
designated as lots 0, P, and W, and a small fractional lot
lying near them, also constituted a part of the homestead of her
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/430/: accessed November 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .