Frederick v. Goodbee

Citations

• 120 La. 783
• 45 So. 606
• 1908 La. LEXIS 570

Syllabus

<p>1. Trespass — Issues—Title to Land.</p> <p>Where the defendants, in an action for damages for trespass by cutting trees on a tract of swamp land, reconvened, asking to be recognized as owners of the land and of the trees taken therefrom, they thereby opened the door to plaintiffs to prove up their title. St. Paul v. Louisiana Cypress Lumber Co., 116 La. 590, 40 South. 906.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 46, Trespass, § 105.]</p> <p>2. Evidence — Judicial Notice.</p> <p>Courts will take judicial notice of the appointment and tenure of office of a member of the President’s cabinet.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 20, Evidence, §§ 66, 67.]</p> <p>3. Public Lands —Swamp Lands —Selections by States.</p> <p>Act Cong. March 3, 1857, c. 117, 11 Stat. 251, confirmed to the several states their selections of swamp lands which had previously been reported to the Commissioner of the General Land Office. The subsequent sale by the United States of a tract of land thus confirmed to the state of Louisiana was null and void.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Public Lands, § 180.]</p> <p>4. Adverse Possession — What Constitutes.</p> <p>The cutting of trees in small quantities and at long intervals on an isolated tract of swamp land, unaccompanied by external and public signs indicating intention to hold and preserve possession as owners, does not constitute that actual corporal possession required as the basis of the prescription of 10 and 30 years acquirendi causa.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 1, Adverse Possession, §§ 112, 113.]</p> <p>5. Taxation — Tax Sale — Title Acquired.</p> <p>A valid tax sale of the property itself, without reservation, is a sale of the whole title, and cuts off all prior claims and incumbrances not specially excepted by statute. Such a tax sale is a new and complete title emanating from the sovereign.</p> <p>'[Ed, Note. — For cases in po