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: 423
The following text was automatically extracted from the image on this page using optical character recognition software:
1875.] ROGERS v. RAGLAND. 423
Statement of the case.
late husband, and prayed that all these lots might be set apart
to her as a homestead exempt from creditors; or if that could
not otherwise be done, that she be allowed to take the whole
at the appraised value, and pay the excess over two thousand
dollars, in a reasonable time.
The County Court, upon hearing, refused to set apart any of
the farm-lots as homestead, but did set apart building-lot 4,
block 71, as the homestead of the deceased.
From this decision of the County Court, Mrs. Ragland appealed
to the District Court, by which court the cause was
heard at the September term, 1869; and a jury having found
that the family residence of Dr. Ragland, at the time of his
death, was the said building-lot 4, block 71, the District Court,
by decree, assigned that lot (and no other) to the widow and
children as the homestead. When this decision was made, no
notice of appeal was given on the part of Mrs. Ragland, nor
were any bills of exception taken, or statement of facts filed.
On the 29th of September, 1869, this decree of the District
Court was certified to the Probate Court.
On the 28th of October, 1869, the administrator applied to
the Probate Court for an order to sell the farm-lots, 0, P, W,
and fractional lot lying near-mnaking in all 158T93 acres-together
with some other lots, for the payment of debts.
October 29, 1869, the Probate Court ordered the sale to be
made, to wit, on the first Tuesday of December, 1869.
December 7, 1869, being the first Tuesday, the sale was
made, and John M. Brownson became the purchaser, at fifteen
dollars and fifty cents per acre.
December, 28, 1869, the sale was confirmed by the Probate
Court, and conveyance to the purchaser ordered to be made.
October 24, 1870, Mrs. Ragland filed her petition for writ of
error upon the above mentioned decree of the District Court,
made at September term, 1869.
April 17,1871, that decreee was reversed by the Supreme
Court, on the ground that the District Court had erred in instructions
to the jury. (See 34 Texas, 617.)
Here’s what’s next.
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 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/m1/431/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .