Latt Lumber Co. v. Faircloth

Citations

• 132 La. 906
• 61 So. 866
• 1913 La. LEXIS 1958

Syllabus

<p>1. Abatement and Revival (§ 12*) — Lis Pendens — Another Action Pending.</p> <p>The existence of another suit between the same parties, involving the same land and issues in the federal Supreme Court, will not support a plea of lis pendens in the state court.</p> <p>[Ed. Note. — For other cases, see Abatement and Revival, Cent. Dig. §§ 87-91, 94, 95,-. 98; Dec. Dig. § 12.*]</p> <p>2. Public Lands (§ 107*) — Decisions of Commissioner of Land Office — Estoppel.</p> <p>In an action involving land patented to a railroad company, which defendant claimed by actual occupancy and plaintiff under grants from the patentee, no estoppel available to defendant can be 'based upon Act Cong. Feb. 8, 1S87, c. 120, 24 Stat. 391, binding the railroad company patentee to abide by the decision of the Commissioner of the General Land Office in all controversies between itself and actual settlers, where the decision of the commissioner was against the defendants.</p> <p>[Ed. Note. — For other cases, see Public Lands, Cent. Dig. §§ 303, 806; Dee. Dig. § 107.*]</p> <p>3. Public Lands (§ 107*) — Decisions of Commissioner of Land Office — Conclusiveness.</p> <p>A decision of the Commissioner General of the Land Office, rejecting an application to enter’land, is conclusive only when founded upon the facts, and if founded upon law is subject to review by the courts.</p> <p>[Ed. Note. — For other cases, see Public Lands, Cent. Dig. §§ 303, 306; Dec. Dig. § 107.*]</p> <p>4. Public Lands (§ 132*) — Rights of Occupancy.</p> <p>Where defendant, who claimed by actual occupancy land which had previously been patented to a railroad company in 1871, did not apply for a homestead entry until 1909, his rights were barred under Act March 2, 1896, c. 39, 29 Stat. 42 (U. S. Comp. St. 1901, p. 1603), providing that suits by the United States to vacate and annul any patents to land heretofore erroneously issued under a railroad grant shall only be brought within five years after the passage of the act; this