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: 424
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424 ROGERS v. RAGLAND. [Term of
Statement of the case.
After the return of the cause to the District Court, Mrs.
Ragland amended her petition, claiming the farm-lots as part
of her homestead, and made John Mi. Brownson, the purchaser,
a party defendant.
Brownson answered by a general denial, and plea of improvements
in good faith, and set up specially the decree or
the Probate and District Court, deciding that the land in controversy
was not a homestead, and that while that decree was
unreversed, and not appealed from, lie purchased the land, in
good faith, under the order of sale of the Probate Court, etc.
But the court, upon plaintiff's exceptions, struck out all the
special matter pleaded, and compelled the defendant Brownson
to stand upon the general issue, and plea of improvements
in good faith.
The court also, upon plaintiff's exceptions, struck out, from
the original answer of defendant Rogers, everything except
the general issue, and afterwards struck out from his amended
answer the allegation that the lots of land in controversy
" never were called, or known, or regarded as town-lots by
" said John B. Ragland, nor by the inhabitants of the town
'of Victoria, or of the county of Victoria; but said lots were
"always designated, known, and regarded by said John B.
"Ragland, and by the other inhabitants of said town
'and county, as farm-lands, as distinguished from town"lots."
The jury found a verdict as follows:
" We, the jury, find for the plaintiff the following lots: lot
"4, block 71, and lots 0, P, and W, and the fractional lot
"set forth in the petition, all of which do constitute the home"stead."
Judgment was rendered against the defendants, and a writ
of possession was awarded against Brownson; a motion for a
new trial being overruled, both defendants bring the cause to
this court for alleged error.
Glass & Callender, for plaintiffs in error.
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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/m1/432/: accessed May 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .