Godeau v. Phillips
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. This suit is brought by the plaintiff to be quietéd in his title to a fraction of a section of land, which he alleges is daimed by the defendant, who has cut and destroyed much of his timber. He prays for damages. The plaintiff daims his title to the land by purchase from the United States, as evidenced by the register’s certificate.
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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. This suit is brought by the plaintiff to be quietéd in his title to a fraction of a section of land, which he alleges is daimed by the defendant, who has cut and destroyed much of his timber. He prays for damages. The plaintiff daims his title to the land by purchase from the United States, as evidenced by the register’s certificate. He alleges that he has been in possession for ten and fifteen years. The defendant denied that the plaintiff’s title was valid, alleging that he had obtained it through fraud, by…
1Opinion of the CourtPorter, J.
This is a petitory action. Both parties claim under a purchase made from the government of the United States, the fractional section No. 15, in township No. 2, south, in range No. 4, east, agreeably to the township plat returned by the United States surveyor to the land office at Opelousas. The plaintiff’s purchase was made under the laws of the United States, according pre-emptions to settlers on public lands; and the act of the fourth of May, 1826, extending the time of payment to persons so circumstanced. The defendant bought under the statute passed by Congress on the third of March,…
2Cited by3 opinions
- Albritton v. ShawSupreme Court of Louisiana · 1920
- Kittridge v. BreaudSupreme Court of Louisiana · 1843
- Fleitas v. CockremSupreme Court of the United States · 1880