Hodge v. Palms

Citations

• 117 F. 396
• 54 C.C.A. 570
• 1902 U.S. App. LEXIS 4445

Syllabus

<p>. 1. Evidence—Proof of Instruments—Copy of Record.</p> <p>A duly authenticated copy of the record of au act of sale from the records of a parish in Louisiana, where such acts are authorized to be recorded by the laws of the state, is admissible to prove title under such sale, where it is made to appear that the original act has been lost.</p> <p>2. Same—Authenticated Act of Sale.</p> <p>By Civ. Code La. art. 2268, an authentic copy of an act of sale, made by the notary before whom such act was executed, is made evidence to prove such sale, equally with the original act; and where such copy is more than 60 years old, and is further authenticated by the certificate of registration by the parish recorder of nearly contemporaneous date, it is admissible in evidence under the common law as an ancient deed.</p> <p>8. Same—Ancient Deeds.</p> <p>Proof of possession of the subject of the grant is not indispensable to render an instrument admissible as an ancient deed, where there is nothing to excite suspicion as to its genuineness, and contemporaneous official acts confirm the presumption of its authenticity.</p> <p>4. Public Lands—Louisiana Land Claims—Rights of Owner on Failure</p> <p>of Location.</p> <p>Act June 2, 1858, authorizing the issuance of certificates or scrip to holders of deferred land claims confirmed under the treaty of cession of Louisiana, which should be receivable in payment for land by the land department of the United States inured to the benefit of a grantee of land previously located under such a claim, where such location failed or became ineffectual by reason of some prior grant or location.</p> <p>5. Equity—Laches.</p> <p>Where the rightful owners of a Louisiana land claim, on learning of an adverse claim thereto by others who had obtained certificates thereon, at once notified such claimants of their intention to assert their rights, they were not chargeable with laches for a delay in bringing suit during the time that both parties were endea