McDade v. Bossier Levee Board

Citations

• 109 La. 625
• 33 So. 628
• 1902 La. LEXIS 161

Syllabus

<p>SWAMP LANDS —LEVEE BOARD — GRANT BY STATE — CONSTRUCTION—LAKE—FAILURE TO SURVEY — OVERFLOWED SWAMPS — BEDS OF SHALLOW LAKES — ESTOPPEL OF STATE — POSSESSOR IN BAD FAITH — LIABILITIES — PRE-EMPTION RIGHTS.</p> <p>1.The state having selected the land in controversy as swamp and overflowed land passing to her' from the general government under the swamp-land grants of 1849 (9 Stat. 352, c. 87) and 1850 (9 Stat. 519, c. 84), and the land department of the general government having approved the selection, and the state having granted and conveyed the said land to the defendant board, the title to said land is held to he vested in the defendant board.</p> <p>2. Because in the survey of the township the section lines were not run across the traverse of a water-covered area, or so-called lake, of about 1,000 acres in extent, of irregular shape, lying diagonally across the township, and cutting off the corner of some sections, and passing through the body of others, but not covering any single section in its entirety, and because this water-covered area was not surveyed, nor its acreage computed, is no reason why such survey was not sufficient to serve as a basis for selection by the state, and approval by the general government, of the swamp and overflowed land within the township, under the swamp-land grants of 1849 and 1850. Such survey established the section corners and located the sections, and identified the land, and determined its swamp and overflowed character, and nothing more was needed for the purposes of the grants in question.</p> <p>3. The sections affected by this so-called lake, having been selected and approved in their entirety, passed to the state in their entirety— that is, including their water-covered part; and this notwithstanding that the area of this water-covered part was not included in the acreage specified for the contents of the sections. As between the state and the general government, in the selection and approval of swamp and overflowed