Ragland v. Rogers

Citations

• 34 Tex. 617

Syllabus

<p>1. Though there is no statement of facts, yet If the instructions given and refused raise a strong presumption that proper evidence was excluded by the court, to the prejudice of the appellant, the judgment will be reversed.</p> <p>2. A homestead in a town or city may consist of any number of lots, provided their aggregate value does not exceed the amount prescribed by law.</p> <p>3. It is immaterial whether the several lots constituting an urban homestead adjoin each other, or whether they are separated from each other by streets, or by lota of other proprietors. (Mr. Justice Ogden dissenting.)</p> <p>4. The widow of a decedent is not compelled to accept as the homestead the identical premises which were the homestead before her husband’s death. She has the right to select, out of the entire estate, the homestead to he set apart for herself and children.</p> <p>5. When the homestead selected by the widow was of less value than $2000, (the maximum previous to the Constitution of I860,) she was entitled to have the deficiency made up in money arising from other property of the estate, if there was other property. (Mr. Justice Ogden dissenting.)</p> <p>6. See the dissenting opinion of Mr. Justice Ogden for the reasons on which he controverts certain of the foregoing rulings.</p>