State ex rel. Board of Com'rs of Saline Levee & Drainage Dist. v. Capdevielle

Citations

• 122 La. 615
• 48 So. 126
• 1908 La. LEXIS 504

Syllabus

<p>1. Mandamus (§ 22*) — Persons Entitled to Relief — Public Officees.</p> <p>The State Auditor, the Register of the State Land Office, and the Board of Commissioners of the Red River, Atchafalaya & Bayou Bceuf Levee District, all state officials and members of the executive department, with certain powers vested in and imposed on them by Acts-No. 79, p. 03, of 1890, and No. 46, p. 50, of 1892, having so interpreted the mandate contained in those statutes as that the lands therein referred to have been conveyed by said Auditor' and Register to said board, and by the latter sold to innocent third persons buying upon the faith of public statutes and public records, and who thereby acquired title emanating from the state and valid upon its face, and the state having apparently acquiesced in the action so taken, the Board of Commissioners of the Saline’ Levee & Drainage District, also a state agency, thereafter created, and exhibiting no special’ authority in the premises, has no standing to discredit such title, and hence has no standing in applying for a writ of mandamus to compel said Auditor and Register to execute a deed of conveyance of the land in question to it.</p> <p>[Ed. Note.- — For other cases, see Mandamus, Cent. Dig. § 54; Dec. Dig. §>22.*]</p> <p>2. Mandamus (§ 153*) — Paeties — Intervention.</p> <p>An intervention may be allowed in a mandamus proceeding.</p> <p>[Ed. Note. — For other cases, see Mandamus, Cent. Dig. § 294; Dec. Dig. § 153.*]</p> <p>3. Parties (§ 40*) — Intervention — Wao May Intervene — Vendor.</p> <p>A vendor of land has sufficient interest to give him a standing, as an intervener, in a proceeding the purpose of which is to discredit or' nullify the title conveyed by him.</p> <p>[Ed. Note. — For other cases, see Parties, Cent. Dig. § 62; Dec. Dig. § 40.*]</p> <p>4. Parties (§ 42*) — Intervention—Time for.</p> <p>An intervener is not entitled to delay the case, but he may come in at any time.</p> <p>[Ed. Note. — For other cases, see Part