The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1885-01-31
ANOTHER PHASE OF THE PORT
BARROW LAND CASE.


On the 10Th of December last there was
filed in the District Court for this parish a
suit entitled John B. Pittnan rs. William
| ". Buford and known in common legal
parlance as an action for SANDER of title.
Plaintiffs petition sets forth that be is
the owner in possession of several hundred
lots Of ground in the town of Port Barrow,
parish of Ascension, which he purchased in
May, 1861 from Robert R. Barrow, who &C.
quired them from Gabriel Winter through
mesne conveyances, and that he and his
authors have possessed the lots for over a
hundred years. 1t is farther alleged that
many of these lots have been rented to di-
| vers parties, from whom he has not been
able to collect rent on account Of the mali
cious pretensions Of the defendant, who
| claims ownership of the property and de-
clares himself proprietor, and that by these
declarations the defendant has prevented
sales of some of the lots; all of which it ia
claimed has caused damage to the amount
of $1,000 and is a SANDER upon plaintiff 8
|
judgment be rendered in favor Of the plain
tiff in the sum asked for and quoting him
in title and possession Of the property de-
| scrlbed.
The defendant in answer sets up that he
is the owner of the property in question,
having acquired the same from tue State of
Louisiana by patent; attacks the plaintiff S
title, and, claiming in reconvention, asks
that he be placed in possession and recover
rents.
On the 18th day of this month petition
was filed asking that the case be removed
to the United States Circuit Court for this
district, it being alleged that the issues
involved in the case must he Determined
upon the construction of the acts of Con
gress regulating the disposal of public
lands. On affidavit made and bond filed
United States Circuit Court by Judge DUFF
fel.
The attorneys in the case are Messrs.
Nichols & Carroll, Il. n. Sims and E. N.
and Rouse & Grant for the defendant.
While il is extremely desirable that the
Federal tribunal should at once try and
dispose of this controversy, which involves
title to almost the entire site of the village
of Port Barrow, besides quantity of land
adjacent thereto, we can scarcely hope for
4 speedy termination of the litigation, as
suits of this character are usually pro-
longed for years and carried to the courts
of last resort for final adjudication. Two
prominent illustrations Of this fact are fur
nished by the famous Houmas and Gaines
cases, which, by reason of their impor-
lance and long standing, may be said to
have became portion of the history of the
State. Their yoluminous records have
passed from court to court of both State
and Federal jurisdiction, and after many
years Of legal contention We find the
causes still pending with no certain pros
poet Of an early conclusion.
There has been some talk of ending the
Port BarrowO controversy by compromise,
but no basis of settlement mutually salts
factory to the persons concerned seems to
have been proposed as yet. Perhaps the
prospect of an iuterminable lawsuit at
tended by train of court costs, attorneys
fees, anxiety, bad blood and kindred evils
may impel the parties itigant to the con
cluslon Of an amicabIe adjustment, or con
trary Influences may prevail and the
fight be continued to the bitter end.
Be this as it may, another step has been
made in the progress of the controversy, |
and the theatre of the legal battle, SO far as
the Pittman- Buford case is concerned, hes
been changed from State to Federal courts. |
In the suit of Buford u.s. Hohersee, institu-
ted by the holder of the patent to viudicate
the validity Of his claim to the Port Bar
row property, Judge Duffel oyerruled a
motion for a transfer to the United States
Circuit Court, on the ground that it came
90 late and should have been made at a
previous term of the District Court, but
Mr. Buford's attorneys will probably seek to
nave the transfer effected through the me-
hum of maudanus proceeding in the
Federal tribunal,