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: 440
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440 ROGERS V. RAGLAND. [Term of
Opinion of the Court.
were used by Dr. Ragland in his lifetime as part of his homestead,
and exempt from forced sale.
As the answer to these questions is believed to be decisive
of the case, it will not be necessary to examine the ruling of
the court upon the exceptions to the defendant's answers.
First Whether the lots 0, P, and W, etc., are town-lots or
not, in the sense of the Constitution protecting " any town or
" city lot or lots," etc., the homestead of a family, from forced
The Act of February, 1840, incorporating the town of Victoria,
provides " that the bounds or limits of said town, and
" within which the said corporation shall exercise lawful juris"diction,
shall include and comprehend the four leagues of
"land on which the said town is now situated."
This Act recognizes two classes of lots within the limits of the
corporation, one called " town-lots," and the other " farm-lots,"
and authorizes the corporation to sell said lots, and apply the
proceeds of the sales to the purposes pointed out in the Act.
The Act of the Republic of Texas, of December, 1841, confirming
the title to the town tract to the corporation of Victoria,
refers to the division of the tract into " town and out lots,"
aind confirms the previous sales made according to that classification.
The mayor and board of aldermen of the town, in
their records and proceedings, distinguish between " building"lots"
on the tract of six hundred and forty acres as set apart
for that purpose, and " out-lots" or " farm-lots" for entry and
sale on the east and west side of the river.
It was proved on the trial, that the town of Victoria was
laid out in 1834, on the east side of the Guadalupe River, at
first embracing only a small area within the four leagues of
land granted by the State of Coahuila and Texas, to Martin de
Leon, for the foundation of the town. Afterwards, and under
the Republic of Texas, the plan of the town proper was extended
to its present limits, embracing an area of one mile
square. The streets were laid off running nearly east and
west, and north and south, dividing the ground into blocks of,
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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/m1/448/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .