Lewis v. State
Louisiana Court of Appeal
1DissentTate, Judge
I respectfully dissent.
In my opinion, the plaintiff’s predecessor in title acquired no vested right before the lieu warrant was issued to him in 1942 by the Register of the State Land Office. This was then after the adoption of the 1921 constitutional provision that “In all cases the mineral rights on any and all property sold by the State shall be reserved * * * Art. IV, Section 2, La.Constitution of 1921. As will be shown, in 1942 the plaintiff’s predecessor in title was the holder only of a void 1562 patent, with no vested right to get any property in exchange for it.
Thus any acquisition…
2Cases cited4 opinions
- State Ex Rel. Fitzpatrick v. GraceSupreme Court of Louisiana · 1936
- Emery v. Orleans Levee BoardSupreme Court of Louisiana · 1945
- State Ex Rel. Hyams' Heirs v. GraceSupreme Court of Louisiana · 1941
- State ex rel. Albritton v. MooreSupreme Court of Louisiana · 1959