Legal Opinion

Vicksburg, Shreveport & Pacific Railroad v. Sledge

Supreme Court of Louisiana

Decided November 15, 1889No. 10442PublishedCited by 15 opinions

APPEAL from the Second District Court, Parish of Webster. Boone, J. 1. In a grant of lands by Congress to aid in the construction of a railroad, "‘there be mid hereby is granted,'' arc words of absolute donation; import an immediate transfer of title, and vest a present title in the grantee, though a location of the road and filling of its map is necessary to give precision and attach it to particular tracts.

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APPEAL from the Second District Court, Parish of Webster. Boone, J. 1. In a grant of lands by Congress to aid in the construction of a railroad, "‘there be mid hereby is granted,'' arc words of absolute donation; import an immediate transfer of title, and vest a present title in the grantee, though a location of the road and filling of its map is necessary to give precision and attach it to particular tracts. The location and filing accomplishes this. 2. The condition in such a grant, that “if the road is not completed within a certain time, no further sale shall be made, hut the land shall…

1Opinion of the Court

The opinion of the court was delivered by

McEnery, J.

Plaintiff alleging' ownership to the southeast quarter and west half, and norteast quarter of northwest quarter, east half and northwest quarter of northeast quarter of section 5, township 17, north range 10 west, situated in the parish of Webster, containing 400 acres valued at $2400, brought suit against the defendant now occupying the land, and prays to be decreed the owner of said land, and that the defendant bo evicted therefrom.

Defendant pleads a general denial. lie admits that he is in possession of and occupies the land; that he has…

2Cited by15 opinions

  1. McDade v. Bossier Levee BoardSupreme Court of Louisiana · 1902
  2. River & Rail Terminals, Inc. v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1930
  3. Taylor v. WilliamsSupreme Court of Louisiana · 1926
  4. Gould v. BebeeSupreme Court of Louisiana · 1913
  5. State v. JahrausSupreme Court of Louisiana · 1906

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