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: 443
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.] ROGERS v. RAGLAND. 443
Opinion of the Court.
the tracts of land in controversy, in such a way as to bring
them as lots within the terms town or city lots, as usually understood.It might well be contended that Dr. Ragland never destinated
the lands in question, or any part of them, as his homestead.
It is not shown that he did, or that he had such intention
at any time. On the contrary, his brother, N. M. Ragland.,
proved that Dr. Ragland always regarded lot 4, in block
71, in the town proper, as his residence and home; that he
ate and slept there when not absent on business, and that the
cooking and washing for the family were done there, and
though it was shown by other evidence that he spent much of
his time at the farm, both eating and sleeping there, the
weight of the testimony establishes that his homestead was on
lot No. 4 in the town propel, where he died, and where with
his family he had resided for many years before his death. He
was a physician of large practice, and as one or more of the
witnesses said, relied on his practice as his principal means of
support, or at least that he did not permit the farm to interfere
with his practice; his office was on the lot with the dwelling-house,
and his patients were directed to call for him at his
home or on the farm. Tested by the rule for ascertaining a
homestead, as laid down in Philleo v. Smalley (23 Texas), 498,
the claim to the tracts of land as part of the homestead is not
sustained by the evidence.
The homestead is the place of residence, and so understood.
It can, in no proper sense of the term, be said that Dr. Ragland's
residence was upon the farm-lands. Though within the
jurisdictional limits of the Corporation of Victoria for certain
purposes, they were not appurtenant to the town residence for
the uses and purposes of a homestead.
It cannot be doubted that Dr. Ragland's homestead was in
the town proper, on lot 4, in block 71, the place of his
actual residence, and that of his family, at the time of his
death, and as such was exempt from forced sale during his
lifetime, with the like exemption in favor of his widow and
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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.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/451/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .