Hayes v. Berwick
Supreme Court of Louisiana
The plaintiff claimed a tract of land, by right of succession from her husband, in the defendant's possession. To prove the husband's title, a petition for the land, addressed by him to governor De Galvez, was introduced with the governor's como pide or fiat. By the Court. Papers of this kind are considered as records, and prove themselves, altho' no seal was ever affixed to any of them.
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The plaintiff claimed a tract of land, by right of succession from her husband, in the defendant's possession. To prove the husband's title, a petition for the land, addressed by him to governor De Galvez, was introduced with the governor's como pide or fiat. By the Court. Papers of this kind are considered as records, and prove themselves, altho' no seal was ever affixed to any of them. Such papers being, in general, the oniy evidence which settlers had of their titles under the Spanish government, it being very seldom the case that the incipient right acquired by the governor's signa~ ture,…
1Opinion of the Court
By the Court.
What we call the Civil Code, is but adigest of the civil law, which regulated this country under the French and Spanish monarchs. It is true, some new principles have been intercalated, and others abrogated or omitted.
By a maxim, consecrated by the best authorities, every absentee, whose death is not clearly and precisely established, is presumed to live until the age of one hundred years; that is to say, the most remote period of the ordinary life of man. 1 Deni-sart 13, Verbo Absens.
An absentee is presumed to live till the contrary is proved: otherwise the absence must be such,…
2Cited by6 opinions
- Quaker Realty Co. v. StarkeySupreme Court of Louisiana · 1914
- Sassman v. AimeSupreme Court of Louisiana · 1821
- Ledet v. STATE, DEPT. OF HEALTH & HUMAN RES.Louisiana Court of Appeal · 1985
- Gayoso De Lemos v. GarciaSupreme Court of Louisiana · 1823
- Estate of Kustel, Superior Court of California, County of San Francisco1884
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