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: 436
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436 ROGERS v. RAGCLAND. LTerm of
Argument for the defendant in error.
change its character, or subject any portion of it to a forced
The distinction between that case and the one at bar is
that Ragland purchased the "farm-lots " after they were laid
off and mapped, and when they were within the limits of the
town of Victoria.
The case of Moore v. Whitis (30 Texas, 440), decides that
a store-house on another lot, two hundred yards from the residence,
in the town of Prairie Lea, both being valued at less
than two thousand dollars, constituted together the homestead.
The case of Hoffman v. Neuhaus (30 Texas, 633), decides
that the homestead is indivisible as long as there is a head of
the family, and is "reserved adversely to both heirs and
In the case of Young v. Van Benthuysen (30 Texas), 770),
this court says: The Constitution and laws have so hedged
"in the homestead from sale, that courts are required to scru"tinize
very closely, to see that all constitutional and statutory
"requirements have been fully complied with, before they will
"pronounce a sale of the same to be valid."
The case of Bassett v. Messner (30 Texas, 604), decides that
thirty-five acres of land adjoining a town, having been made
the homestead of a family, and worth at the time of its dedication
to that use three thousand five hundred dollars, and at
the time of litigation six thousand dollars, could not be affected
in its character by the extension of the limits of the town to
include it. It, nevertheless, remained a rural homestead, pro.
tested by the Constitution, and the law extending the town, so
far as it could be considered as affecting the character of the
homestead, was void.
It also decides " that the lis mota in this case is the home",
stead. From the peculiar laws of Texas, both constitutional
" and statute, the administrator has nothing to do with the
It is apparent from two of these cases that the homestead
may partake, in fact, of both the nature of an urban and a
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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/m1/444/: accessed August 16, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .