Smyth v. New Orleans Canal & Banking Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF. THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. , The court stated the case as follows; The controversy involved in this suit arose from conflicting claims of the parties to lands in the suburbs of New Orleans, alleged to be of great value.
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APPEAL FROM THE CIRCUIT COURT OF. THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. , The court stated the case as follows; The controversy involved in this suit arose from conflicting claims of the parties to lands in the suburbs of New Orleans, alleged to be of great value. It seemed from the opinions of the' Secretaries of the Interior presented on the hearing, that no regular survey by the Land Department of the government was extended over the city and its suburbs prior to 1871. The surveys previously made were only such as were required to ascertain the boundaries .of old grants…
1Opinion of the CourtJustice Field
Notwithstanding the statement of the bill respecting the alleged illegal and fraudulent use of the ancient grants produced, and the alleged illegal proceedings of the department, the bill avers the possession by the complainant of a legal title to the premises. Whether that title can be enforced ■against other claimants will depend of course upon the validity of the ancient grants produced, and of the proceedings by which'’ Louisiana' is alleged to -have acquired the property. That .can be shown in an action at law as well as in a suit in equity.
If the State acquired a good title by the swamp…
2Cases cited2 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Hipp v. BabinSupreme Court of the United States · 1857
3Cited by11 opinions
- Rich v. BraxtonSupreme Court of the United States · 1895
- Sheffield Furnace Co. v. WitherowSupreme Court of the United States · 1893
- Wood v. PhillipsCourt of Appeals for the Fourth Circuit · 1931
- Alger v. AndersonU.S. Circuit Court for the District of Middle Tennessee · 1899
- Marcus Brown Holding Co. v. FeldmanDistrict Court, S.D. New York · 1920
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