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Emory Rains (May 4, 1800 – March 4, 1878) was a lawyer, judge and political leader in the
Republic of Texas The Republic of Texas ( es, República de Tejas) was a sovereign state in North America that existed from March 2, 1836, to February 19, 1846, that bordered Mexico, the Republic of the Rio Grande in 1840 (another breakaway republic from Mex ...
and thereafter in the State of Texas. Rains was born in
Warren County, Tennessee Warren County is a county located on the Cumberland Plateau in Middle Tennessee, one of the three Grand Divisions of the U.S. state of Tennessee. As of the 2010 census, the population was 39,839. Its county seat is McMinnville. Warren County ...
, and moved to Texas in 1817. Emory Rains held many public offices and his life was devoted to public service. Rains was a Member of Texas Republic Senate from the District of Shelby and Sabine (1837–1839); a delegate to the Texas state constitutional convention (1845); a member of the Texas state house of representatives (1847–1848, 1851–1854); a member of the Texas state senate (1859). In 1839, Rains was a prime supporter of the historic law creating a
Homestead exemption The homestead exemption is a legal regime to protect the value of the homes of residents from property taxes, creditors, and circumstances that arise from the death of the homeowner's spouse. Such laws are found in the statutes or the constitution ...
in Texas. In 1861, he stood with
Sam Houston Samuel Houston (, ; March 2, 1793 – July 26, 1863) was an American general and statesman who played an important role in the Texas Revolution. He served as the first and third president of the Republic of Texas and was one of the first two i ...
in opposition to
secession Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
from the union. In 1866, Emory Rains rode a
mule The mule is a domestic equine hybrid between a donkey and a horse. It is the offspring of a male donkey (a jack) and a female horse (a mare). The horse and the donkey are different species, with different numbers of chromosomes; of the two pos ...
to
Austin, Texas Austin is the capital city of the U.S. state of Texas, as well as the county seat, seat and largest city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and Williamson County, Texas, Williamson co ...
, for the purpose of getting a bill introduced to create
Rains County, Texas Rains County is a county located in the U.S. state of Texas. As of the 2020 census, its population was 12,164. Its seat is Emory. The county (and county seat) are named for Emory Rains, a Texas state legislator. In 1970, Recorded Texas Histori ...
. Emory Rains died on March 4, 1878, of an apparent stroke, and is buried in the City Cemetery in
Emory, Texas Emory is a city in Rains County, Texas, United States. The population was 1,239 at the 2010 census. It is the county seat of Rains County, Texas, Rains County. Previously known as Springville, the city and county are named after Emory Rains who w ...
. Both
Emory, Texas Emory is a city in Rains County, Texas, United States. The population was 1,239 at the 2010 census. It is the county seat of Rains County, Texas, Rains County. Previously known as Springville, the city and county are named after Emory Rains who w ...
, and
Rains County, Texas Rains County is a county located in the U.S. state of Texas. As of the 2020 census, its population was 12,164. Its seat is Emory. The county (and county seat) are named for Emory Rains, a Texas state legislator. In 1970, Recorded Texas Histori ...
are named for him.


External links


The Author of the Texas Homestead Exemption Law by AE Wilkinson, Southwestern Historical Quarterly
- concerning attribution of homestead law authorship in Republic of Texas
Brief history of Rains County, Texas
1800 births 1878 deaths Texas state senators People from Warren County, Tennessee Members of the Texas House of Representatives Rains County, Texas 19th-century American politicians {{Texas-politician-stub