Widow of Henry v. Welsh
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. This is a petitory action, to recover a tract of one hundred and twenty-four and a balf acres of land in the possession, and claimed by the defendant.
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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. This is a petitory action, to recover a tract of one hundred and twenty-four and a balf acres of land in the possession, and claimed by the defendant. The plaintiffs set up title to the premises in virtue of a settlement right under the law of April 12,1814, as evidenced by the register’s certificate, dated October 13,1830. The defendant avers, that neither the plaintiffs nor their ancestor, ever cultivated, occupied* or improved the land, either before or since the act of 1814; but that he (the defendant) was…
1Opinion of the CourtMartin, J.
The plaintiffs sue for a tract of land in the possession of the defendant, to which they allege they are entitled under the adjudication of the register and receiver of the land office, on their claim to a right of pre-emption under the act of congress, of April 12, 1814.
The defendant resists the claim on an allegation, that neither the plaintiffs nor their ancestor, ever cultivated the premises, and so neither they or he are entitled to any claim to a right of pre-emption under the aforesaid act of congress.
Further, that he, the defendant, occupied and cultivated the premises during the…
2Cited by2 opinions
- Kellam v. RippeySupreme Court of Louisiana · 1842
- Lessee of William L. Brown and Wife, in Error v. Joseph Clements and Jonathan Hunt, in ErrorSupreme Court of the United States · 1845