Legal Opinion

Joplin v. Chachere

Supreme Court of the United States

Decided January 4, 1904No. 96PublishedCited by 16 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. This action was brought in the Eighteenth Judicial District Court, parish of Acadia, State of Louisiana, by plaintiff in error to have himself declared the owner of a tract of land containing 870.06 acres, described as section 41, township 7 south, range ' 1 east.

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ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. This action was brought in the Eighteenth Judicial District Court, parish of Acadia, State of Louisiana, by plaintiff in error to have himself declared the owner of a tract of land containing 870.06 acres, described as section 41, township 7 south, range ' 1 east. Subsequently he amended his petition and claimed one-tenth individually and nine-tenths as administrator of the succession of Bennet Joplin. , He traced title in both capacities to Bennet Joplin, to"'whom the land was confirmed by the act of Congress', approved March 3, 1807,…

1Opinion of the CourtJustice McKenna

The question presented is the effect of the defence of adverse possession and the plea of prescription. The contention of plaintiff in error is that such defence cannot avail against a United States patent. In other words, until the issue of the patent the title was in the United States and was unaffected by the occupation of the defendants.

Counsel say:

“The confirmation to Joplin by act of Congress was only as to quantity, and not to any specifically described tract 'of land. There was only an equitable interest in Joplin and his heirs until a survey should be made and approved by the…

2Cases cited3 opinions

  1. Ryan v. CarterSupreme Court of the United States · 1876
  2. Langdeau v. HanesSupreme Court of the United States · 1875
  3. Morrow v. WhitneySupreme Court of the United States · 1877

3Cited by16 opinions

  1. Begnaud v. Grubb & HawkinsSupreme Court of Louisiana · 1946
  2. Welch v. Forest Lumber Co.Supreme Court of Louisiana · 1922
  3. Louisville Point Lumber Co. v. ThompsonCourt of Appeals of Kentucky · 1924
  4. Nelson v. WeekleySupreme Court of Alabama · 1912
  5. Breaux v. LefortSupreme Court of Louisiana · 1946

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