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: 442
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442 ROGERS V. RAGLAND. [Term of
Opinion of the Court.
mile square, is too clearly established by the evidence to admit
of serious doubt. The lots called farm-lots were not connected
with the plan of the town proper; the streets of the town were
not extended over the farm-lots. The boundary of the six
hundred and forty acre tract, the site of the town, was only extended
sixty baras, so that there might be no fractional lots,
except on the bank of the river, reserving seventy-five varas
on each bank within the town tract, for the use of the corporation.
This was in 1839.
The survey of the lands in question was platted on the map,
but the streets, though reserved from sale, were never opened,
as proved on the trial. Though within the jurisdictional
limits of the town, they were known and called farm-lots, but
were not regarded as town-lots in the sense of this expression,
when used in referring to building-lots in the town. Persons
living on the farm-lots said they were going to town when
they meant tlat they were going to the town laid out and built
upon the mile square. These lands, when purchased by Dr.
IRagland, were mostly covered with dense timber, and were
suitable for sugar and cotton plantations, in common with the
lands in the vicinity. The tracts adjoin, and were enclosed
and cultivated as a farm, on which was planted and raised
most of the crops for which the soil was adapted, the cotton
and surplus crops being disposed of in the market by Dr.
IRagland, as was usual among farmers.
This land was used on the basis of a planting or farming
establishment, and was not an appendage of the town residence,
and therefore subject to sale as part of Raglandc's estate.
The question we are considering was examined to some extent
in the case of Taylor v. Boulware (17 Texas, 79), and the
court said: " The term lot or lots used in the Constitution,
must be taken and construed in the popular sense of those
" terms, and when so used, never would be considered as em"i
bracing land within the jurisdictional limits of the corpora;
tion, not connected with the limits of the city." We are of
opinion, that the plan of the town proper does not extend over
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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/m1/450/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .