Louisiana Sulphur Mining Co. v. Krause

Citations

• 110 La. 690
• 34 So. 738
• 1903 La. LEXIS 691

Syllabus

<p>PUBLIC LANDS — TIDAL OVERFLOW — EVIDENCE —TITLE ACQUIRED.</p> <p>1. The intention of Act No. 197, p. 159, of 1859, was to make the Register and Receiver of the State Land Office the judges of the fact whether or not land sought to be entered under its provisions was subject to regular tidal overflow.</p> <p>2. If the proof submitted were satisfactory to ■them, as establishing the character of the land in this respect, they could act and permit the entry.</p> <p>3. A title so derived would, at least, be recognized by the State until set aside regularly, or canceled, on proof of error on part of its officials, or error or fraud on part of those entering the land.</p> <p>4. Act No. 267, p. 205, of 1861, did not repeal that part of Act No. 197, p. 159, of 1859, which authorized the entry of lands subject to regular tidal overflow at 25 cents per acre.</p> <p>5. At the time those statutes were enacted, „the laws of the State were required to be promulgated and published in the English and French languages. The English text of section 16 of Act No. 267, p. 209, of 1861, limits the quantity of acres of tidal overflow lands any one person could enter, at 25 cents per acre, at one hundred and sixty acres; the French text fixes it at not more than two hundred and sixty acres. The laud officials in 1861 permitted one man to enter 199.75 acres of such land, and the State afterwards issued patent therefor. Such title is sustained.</p> <p>(Syllabus by the Court.)</p>