Legal Opinion

Texas & Pacific Railway Co. v. Smith

Supreme Court of the United States

Decided June 3, 1895No. 133PublishedCited by 9 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF LOUISIANA. ' - The facts in this case were as follows: On May 14, 1853, William W. Smith purchased from the State of .Louisiana a tract known as Cross Lake,, in section 25, township 18, range 14,'containing twenty-one and eighteen one-hundredths acres.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF LOUISIANA. ' - The facts in this case were as follows: On May 14, 1853, William W. Smith purchased from the State of .Louisiana a tract known as Cross Lake,, in section 25, township 18, range 14,'containing twenty-one and eighteen one-hundredths acres. The title of the State rested on the claim that the land was swamp and overflowed, and passed to it under the acts of Congress granting such lands to the States. On December 3, 1857, the State filed a petition in the District Court of the parish of Caddo to set. aside…

1Opinion of the CourtJustice Beewee

It is unnecessary to consider any questions other than those which arise upon- the instructions of the court in respect to the matter of prescription. The possession of the defendant and its grantors had continued from the spring of 1872 until the commencement of this action — about fourteen years— four years longer than the time named in the statute. And .the title under which this possession commenced was under instruments in legal form, executed by the proper officers of the United States, and apparently conveying full title. The receiver’s receipt issued to Wylie was in these words :

“No.…

2Cases cited4 opinions

  1. Barrow v. WilsonSupreme Court of Louisiana · 1886
  2. Giddens v. MobleySupreme Court of Louisiana · 1885
  3. Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
  4. Pattison v. MaloneySupreme Court of Louisiana · 1886

3Cited by9 opinions

  1. Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
  2. People of Porto Rico v. LivingstonCourt of Appeals for the First Circuit · 1931
  3. Ayllón v. GonzálezSupreme Court of Puerto Rico · 1920
  4. Zuest v. IngraSupreme Court of New Jersey · 1946
  5. Nugent v. Urania Lbr. Co.Louisiana Court of Appeal · 1931

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