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: 429
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1875.1 OmiERS v. -RAGLAND. 429
Argument for plaintiff Brownson.
property as rural, although within the limits of the territory
over which the corporate authorities have jurisdiction (Taylor
v. Boulware, 17 Texas, 79), and in connection therewith considering
the further fact (as is fully shown by the evidence),
that tlhe actual homestead of Dr. Ragland was within the town
(proper) of Victoria, and urban, the following questions result
and become important: 1st, Could Dr. Ragland hold as exenipt
during his lifetime, a homestead partly urban and partly rural ?
2d, If he could not so hold, can the plaintiff so hold ? 3d. If
a homestead in fact exists, can the plaintiffs abandon it, and
elect other property, to the prejudice of creditors?
The object of the homestead exemption is to secure to every
head of a family, for the benefit of the family, a home suited
and adapted to the calling or profession of every citizen so
entitled. To that end the Constitution protects two characters
of homesteads, and determines their extent by two entirely
different standards, each of which is so adjusted as to protect
a home equal in extent to the demands created by the different
employments and avocations of a rural and urban population.
The Constitution and laws seem not to have ever contemplated
a mixed homestead. They have erected no mixed
standard for the determination of the extent of such an anor- -
aly. Laws are made to meet the general wants of a people
subject thereto, not to secure to every isolated citizen that which
in his judgment would most tend to his welfare and comfort.
The two classes of homesteads embrace and are intended to
meet the wantsof the two classes of people into which perhaps
every civilized nation in the world is divided. The wants and
conveniences of society cause those engaged in mercantile,
mechanical, or professional pursuits to seek an urban home, for
there they can most successfully pursue their several vocations
and contribute to the general wants of society; therefore the
law protects to such an urban home, measured as to its extent,
by its value; while, upon the other hand, those who desire to
engage in agricultural or pastoral pursuits seek the country,
where they can have an area of land suited in extent to such
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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/m1/437/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .