Darby's Heirs v. Emmer

Citations

• 120 La. 684
• 45 So. 548
• 1908 La. LEXIS 554

Syllabus

<p>Public Lands — Rights or Settler — Action BY TRESPASSES.</p> <p>One who by breaking, or opening, the fence of an actual, peaceful, lawful settler upon, and possessor of state land, makes an unlawful entry thereon, acquires no rights or privileges under Act No. 21, p. 31, of 1886, entitled “An act for the protection of actual settlers on state lands; defining the mode and manner by which such lands, possessed, improved or cultivated, may be entered or purchased from the state, and regulating the duties of the Register of the State Land Office .with reference thereto”; and, having himself nó' rights in the property, he had no standing to question the title which the actual possessor (within the contemplation of the statute in question) may have acquired.</p> <p>(Syllabus by the Court.)</p>