Lauve v. Wilson

Citations

• 114 La. 699
• 38 So. 522
• 1905 La. LEXIS 526

Syllabus

<p>PUBLIC LANDS — SCHOOL SECTIONS — VENDOR AND PURCHASER — SUBSEQUENTLY ACQUIRED TITLE — EVIDENCE—PRESUMPTIONS.</p> <p>1. Fractional sections in fractional townships did not pass to the state under the general grant by Congress of sixteenth sections for school purposes, and the sale of such a section by a parish treasurer, professing to sell school land under the authority of Act No. 250, p. 213, of 1853, which authorized the sale of school land alone, conveyed no title.</p> <p>2. The presumption that an officer has done his duty cannot sustain his action where the mandatory requirements of the law concerning the record of such action are disregarded. And in any event, such presumption merely furnishes a species of evidence which may be rebutted.</p> <p>3. The rule that a title subsequently acquired by the vendor inures to the benefit of the vendee, to whom the property has previously been sold, has no application where the subsequent title is acquired in a different representative capacity from that in which the prior title was held and conveyed.</p> <p>(Syllabus by the Court.)</p>