Legal Opinion

Gonsoulin's Heirs v. Gulf Co.

Court of Appeals for the Fifth Circuit

Decided May 27, 1902No. 1,131PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the Eastern District of Louisiana. The heirs of Gonsoulin (the plaintiffs in error) brought this action, June 30, 1898, against the Gulf Company (the defendant in error), a New Jersey corporation, in the district court of St. Mary’s parish, where the land claimed is situated. The action was removed by the defendant into the circuit court of the United States.

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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. The heirs of Gonsoulin (the plaintiffs in error) brought this action, June 30, 1898, against the Gulf Company (the defendant in error), a New Jersey corporation, in the district court of St. Mary’s parish, where the land claimed is situated. The action was removed by the defendant into the circuit court of the United States. The original petition is in the customary form for a petitory action for real property, and describes the land involved as follows: “A tract of land called ‘Belle Isle,’ consisting…

1Opinion of the Court

McCORMICK, Circuit Judge,

after stating the case as above, -delivered the opinion- of the court.

The assignment of errors presents substantially but two propositions for our consideration, the first of which is that the United States did not part with its title to the land sued for herein until the issuance of its patent to the plaintiffs’ ancestor, in 1878, and there had been no prior severance of said land or property from the public domain; second, that the court erred in holding that the defendant or any of the authors of its title had held or enjoyed such possession of the said land or…

2Cited by6 opinions

  1. Buillard v. DavisSupreme Court of Louisiana · 1936
  2. Newberry v. Washington Post Co.District Court, District of Columbia · 1977
  3. Levy v. GauseSupreme Court of Louisiana · 1904
  4. Ours v. GraySupreme Court of Louisiana · 1904
  5. Gonzales v. Yturria Land & Livestock Co.District Court, S.D. Texas · 1947

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