Crochet v. McCamant

Citations

• 116 La. 1
• 40 So. 474
• 1905 La. LEXIS 762

Syllabus

<p>1. Public Lands—Homestead — Community Property.</p> <p>The acquisition of the land by the homesteader under the federal homestead law dates from the entry. The occupying and cultivating of the land for five years, and the making of the final proofs, are merely conditions imposed upon the title; and the accomplishment of these conditions has a retroactive effect to the date of the entry. Consequently the homestead becomes the joint property of the husband and the wife, if the community of acquets and gains existed between them at the time of the entry, even though the proofs were made, and the certificate and the patent issued, only after the dissolution of the community by the death of the wife.</p> <p>On Rehearing.</p> <p>2. Stipulations.</p> <p>Estoppel was pleaded, and evidence admitted in its support. An agreement of counsel gave rise to issues on appeal.</p> <p>3. Same.</p> <p>Through error originally, greater scope was given by junior counsel to the agreement than there was any necessity, in order npt to appear to have taken advantage.</p> <p>4. Same.</p> <p>On the application for rehearing one of the counsel admitted that he had stated to plaintiff’s and appellee’s counsel, when applying to them for a waiver pro forma, in so far as they, as attorneys of one of a number of defendants and appellees were concerned, of the petition and citation of appeal, “that the demand of plaintiffs had been dismissed against their client, and that he would make no further claim in his brief against them.”</p> <p>5. Dismissal and Nonsuit.</p> <p>There had been motion made by plaintiffs for a discontinuance in the district court as relates to one of the defendants. Greater scope was given to this discontinuance in the Supreme Court than required by it (the discontinuance of itself), which scope binds parties.</p> <p>6. Appeal — Hearing and Rehearing — Rights Acquired Since Judgment.</p> <p>Issues not heretofore touched upon, and not included within the prior action of the co