Wood v. Noel

Citations

• 116 La. 516
• 40 So. 857
• 1906 La. LEXIS 526

Syllabus

<p>1. Public Lands—Homestead—Entry—Sale —Evidence—Estoppel to Contradict.</p> <p>It is true that a person cannot sell the land which he holds from the government under the homestead law before he has obtained a final receiver’s receipt; but it is also true that his testimony cannot be heard as having preponderance against the testimony of witnesses, who testify that he sold the land after, and not before, the final receiver’s receipt had been issued to him by the government.</p> <p>2. Cancellation op Instruments —Debit— Fraud—Setting Aside.</p> <p>While conspiracy is charged, it is not proven. It is not shown that defendant and his author—the latter bought directly from plaintiff-—conspired together to defraud plaintiff from the title to his land.</p> <p>(Syllabus by the Court.)</p>