Pujo v. Fouchy
Supreme Court of Louisiana
Appeal from the District Court for Calcasieu. Hudspeth, J. Both parties derive title from the United States through mesne conveyances, the plaintiff from a patent issued to one Bundy, November 3, 1876, based upon a receiver’s receipt to him from the Opelousas land office on May 23, 1839, the defendant from a patent issued to Doyle June 1, 1846, upon a receipt of the same office dated August 26, 1839. The proof was that Doyle knew of the prior Bundy entry, and offered to…
Read the full summary
Appeal from the District Court for Calcasieu. Hudspeth, J. Both parties derive title from the United States through mesne conveyances, the plaintiff from a patent issued to one Bundy, November 3, 1876, based upon a receiver’s receipt to him from the Opelousas land office on May 23, 1839, the defendant from a patent issued to Doyle June 1, 1846, upon a receipt of the same office dated August 26, 1839. The proof was that Doyle knew of the prior Bundy entry, and offered to relinquish all claim for the sum he paid, and that he had applied both at Opelousas and Washington for repayment of his…
1Opinion of the CourtEgan, J.
The subsequent sale in error to Doyle could not affect the validity of the prior sale to Bundy. 2 R. 40; 4 R. 79; 10 A. 133. The United States cannot sell the same land to two different persons. A conveyance by the government cannot be defeated by a subsequent grant or patent. 11 L. 90; 13 A. 523; 16 A. 301; 23 A. 271; 24 A. 511. A patent obtained through error or fraud, or issued through error is void. 4 A. 262; 11 A. 506, 552, 56 1; 1 A. 151; 13 A. 356; 14 A. 77. Where two patents issue for the same land, the youngest will hold if issued on the oldest entry. 10 A. 183; 11 A. 552; 13 Peters,…
2Cases cited7 opinions
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Bodley v. TaylorSupreme Court of the United States · 1809
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1829
- Birmingham v. LesanSupreme Judicial Court of Maine · 1885
- Harris v. KelleySupreme Court of Pennsylvania · 1888
2 more not listed; retrieve them via the Exa API.