Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 31

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838 edition. Excerpt: ... acres and sixty hundredths, in the priarie of Cote Gelee, by settlement. The evidence in support of it appearing contradictory, it was merely recommended for confirmation. By an act of Congress in 1816, the report was adopted and the claim confirmed. It was not until I830, that the claim was surveyed and located under the authority of the United States, in such a manner as to conflict with the claims of the plaintiff, and to cover part of the land previously purchased by him. This claim is extremely vague as to its calls; nor is there any evidence in the record which satisfies us that any part of the settlement made by Comeau, before the change of government, was upon either of the quarter sections which the plaintilf had a right to purchase, and which he did purchase in I818. That the defendant was entitled to the quantity of land claimed by and confirmed to him, we do not doubt, but it does not follow that the surveying department could locate it in such a manner as to deprive the plaintifl' of any part of his purchase. By its terms the defendant's title does not necessarily embrace any part of the plaintifl"s land, and we are not prepared to admit the authority of the government itself, to take what they had already sold. The evidence of possession, is, in our opinion, insuflicient to establish prescription. It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be reversed and annulled, and it is further adjudged and decreed, that the plaintifl' do recover and be quieted in his title to the tract of land described in his petition, and that the defendants pay the costs of both courts. THOMPSON 'U8. THOMPSON'S HEIRS. APPEAL FROM THE COURT OF TIIE FIFTH JUDICIAL...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236813774
  • 9781236813770