Foster v. Meyers

Citations

• 117 La. 216
• 41 So. 551
• 1906 La. LEXIS 672

Syllabus

<p>1. Real Action — Petitory Action —Title of Plaintiff.</p> <p>Plaintiff, in a petitory action, holding a regular patent from the United States, shows a perfect legal title, which cannot be affected by an alleged error or mistake in the description of land entered and patented to defendant’s authors.</p> <p>[Ed. Note. — For cases in point, see vol. 42, Gent. Dig. Real Actions, § 22J</p> <p>2. Evidence — Parol Evidence — Public Lands — Receiver’s Certificate — Impeach - MENT.</p> <p>A regular receiver’s receipt and certificate on which a patent issued in due course cannot be contradicted or varied by unauthorized entries and memoranda on the register of sales hook or the tract book, kept by che local officials of the United States Land Office.</p> <p>3. Real Action — Improvements — Evicted Possessor.</p> <p>The evicted possessor in good faith is entitled to the value of his useful improvements, i. e., cost of material and workmanship, unless the plaintiff elect to pay and show by evidence, the enhanced value of the soil. Rev. Civ. Code, art. 508; Hutchinson v. Jamison, 38 La. Ann. 150.</p> <p>[Ed. Note. — For cases in point, see vol. 42, Cent. Dig. Real Actions, § 35.]</p> <p>4. Appeal — Failure to Perfect — Warrantors.</p> <p>Warrantors who have not perfected their appeal, nor filed an answer to the appeal of the defendant, cannot ask that the judgment on the call in warranty be reversed or amended. Code Prac. arts. 888, 889.</p> <p>[Ed. Note. — For oases in point, see vol. 3, Cent. Dig. Appeal and Error, f§ 3581-3583.]</p> <p>(Syllabus by the Court.)</p>