Richard v. Perrodin
Citations
- 116 La. 440
- 40 So. 789
- 1906 La. LEXIS 513
Syllabus
<p>1. Public Lands—Spanish Grant.</p> <p>The grant was intended to inure to the benefit of future generations as well as to the living grantees. The evidence and circumstances attending the issuance of the grant lead to that one inference.</p> <p>2. Same—Inhabitants oe Bellevue were Beneeiciabies.</p> <p>There are inhabitants of Bellevue at this date, as there were at the date of the grant. And to this date they availed themselves of the right granted.</p> <p>3. Same—Survey in 1806.</p> <p>The land subject to the right was surveyed and laid out. Swamp lands in 1797, the date of the grant, may not be swamp lands at this date. It is not possible at this date to determine the area there was in swamp at the date of the grant. It has features of swamp land. It contains swamps. It is subject to overflow in heavy rains, and it has been overflowed by the waters of the river.</p> <p>4. Same—Beneeiciaeies.</p> <p>Defendant is not one of the inhabitants of Bellevue, and is therefore without right under the concession.</p> <p>5. Same—What Constitutes.</p> <p>The soil forms part of the public domain of the United States government. The land was sold at tax sale in the name of the inhabitants of Bellevue. They were not its owners. It could not be thus taken from the public domain.</p> <p>6. Taxation—Tax Sale—Public Lands. The tax title is void.</p> <p>7. Same—Tax Deeds—Replication.</p> <p>The answer is open to attack without special plea. Replication is possible by proof.</p> <p>8. Same—Prescription—Curative Act.</p> <p>The title claimed was unaffected by the curative article 233 of'the Constitution of 1898.</p> <p>9. Same—Timber Right.</p> <p>The soil could not be thus sold. The sale could not have the effect of including, as property bought, the timber right on the land.</p> <p>10. Costs—Appeal—Good Faith of Defendant—Attorney’s Fees.</p> <p>The question of the good faith of defendant is made one of the issues on appeal, in the answer to the appeal in which amendment of the jud
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “To be incorporated by reference, the complaint must make a clear, definite and substantial reference to the documents.”
- “To be incorporated by reference, the complaint must make ‘a clear, definite and substantial reference to the documents.’” (quoting DeLuca v. AccessIT Grp., Inc., 695 F.Supp.2d 54, 60 (S.D.N.Y. 2010))
- “To be incorporated by reference, the complaint must make ‘a clear, definite and substantial reference to the documents.’” (quoting DeLuca v. AccessIT Grp., Inc., 695 F. Supp. 2d 54, 60 (S.D.N.Y. 2010))
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.