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· 4/15/1853

Riddle v. Ratliff

Citations

  • 8 La. Ann. 106

Syllabus

<p>The perfecting of incomplete Spanish titles to land in Louisiana, of right belongs to the legislative branch of the Federal Government, anil their power to deal with such titles, In their political capacity, and to determine to whose benefit they should inure, is beyond the control of the Judiciary.</p> <p>In incomplete grants, where the land has been separated from the public domain, the King of Spain had no power, or discretion, which he could lawfully exercise in relation to it, and none passed to the United States. The land was and has remained private property, which no legislation of Congress could affect.</p> <p>Incomplete titles like settlement and cultivation were mere equities, and the Government had the right to say in what manner they should ripen into perfect titles, and to establish a limit beyond which these equities should cease to have effect. The confirmation was the title, and inured to the benefit of the party to whom it was made. But in cases of complete grants, the confirmation is not the title, but only its recognition, and iu ascertaining the rights of parties, it must be laid out of view.</p> <p>Under the Spanish Government verbal sales of lands might perhaps be shown, but only in the case of actual and continued possession by the purchaser.</p>

Judges: Rost

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