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: 432
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432 ROGERS v. RAGLAND. [Term of
Argument for the defendant in error.
protects, we doubt very much, as a specific homestead exists,
whether any addition in money can be made thereto. The
law exempts a specific thing-it, however, not to exceed a certain
value. If the thing exists, the law does not exempt the
value, but the thing becomes the exemption. The value would
seem to be immaterial. Be this as it may, in this case the interest
of all, if the sale to Brownson is upheld, can be fully
protected, for after the payment of debts there will be sufficient
in the hands of the administrator to make up the homestead's
highest valuation as protected by law. But, upon the contrary,
if said sale be not upheld, and the positions assumed by the
plaintiffs be sustained, then the exemptions will perhaps cover
the entire property, and the creditors will lose their debts.
From the fact that this case, when formerly before this court,
was here without any statement of facts, we have felt that it
would not be considered as discourteous in us to offer for your
consideration some matters here presented, which otherwise we
would not have felt at liberty to present. All of which is respectfully
Stockdcale & Proctor, for defendant in error.
Defendant in error relies upon the following points and
First. The present judgment appealed from is consistent with
the reason, and not inconsistent with the letter of the homestead
The exemption of the homestead from forced sale by the
Constitution, and the laws passed in pursuance thereof, makes
it a property, the title to which resides in the family, and this
title cannot be divested by any sale except in the manner provided
by the Constitution, and laws made in pursuance thereof.
(Wilson v. Cochran, 31 Texas, 678.)
In this case the homestead, according to the proof, was all
within the jurisdictional limits of the town of Victoria, and
consisted of several lots, on one of which the house of the usual
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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/m1/440/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .