The Caucasian. (Shreveport, La.) 1900-192?, 1909-03-02
THE SUPREME COURT
Decisions Of Interest in This Section
of the State


Louisiana at their session held in New
Orleans Monday rendered opinions III a
number of cases. the following being of
interest in this section:
State Of Louisiana vs. Cross Lake
Hunting and Fishing Club
Under Act ~ of 1892 and Act 100 of
1000 the grant Of lands. made by the
State to the Board OF Commissioners
of the Caddo Levec District, is not a
grant in pracsenti. but is intended to
vest in the grantee a disposablt title
only when proper introuments of con-
veycance, executed by The State Auditor
and Register Of the State Land Office.
or either of them. are recorded i'll the
parishes where the lands lie. Hence a
sale Of such lands by the board. prior
to the registry Of such conveyance. IS
void, and the party attempting to pur-
chase is liable to eviction at the suit of
the Safe.
1t is therefore ordered. adjudgcd and
decrced that the judgment appealed from
be annulled, avoided and reversed. and
that there now be judgment in favor Of
plaintiff, the State of Louisiana, and
against the defendant, the Cross Lake
Hunting and Fishing Club. decreeing
plaintiff to be the sole owner of the
land described in the petition herein
filed, and further decreeing the title set
up by defendant, including the attempt
ed sale from the Board Of Commission
ers Of the Caddo Levee District to W
B. Jacobs. A. +. Jenkins. w. S. Penick
IJr., S. ]. Enders of date August 20.
1895. and all means of conveyances. to
be null, avoided and Of no effect. 1t is
further adjudged and decreed that de
interest thereon at the rate of per cent
per annum from judicial demand until
paid, and that it be allowed to retain
the property in controversy until pay
ment thereof 1t it further decreed that
defendant pay all costs.
Miss r. NJ. Files VS. Railroad Lands
Company Where, in the case OF a sale.
made in good faith, by a vendor in ac-
tual possession of small tract of land
hich. with large tract owned by the
same person is surrounded by fence,
the vendor after the sale fails to segre
gate the tract sold and fails to keep his
stt ok from grazing on it. by additional
fencing. but does not pretend to hold
possession, his possession. such as de
scribed. being subject to the pleasure OF
| the owner. will be regarded as that OF
the owner, and as such may be united
with his previous actual possession and
the owners subsequent civil possession
Tor the purposes of the prescription OF
ten years acquirendi ca,,sa. Judgment
affirmed.
Oscar Gartner VS. ID. {. Richardson
Where in contract for the sale of lum
Der it was stipulated tia. on IA lure tC
fiji the order the purchaser should buy
elsewhere at the cheapest possible prices
and that the seller should refund the
difference in the prices: held that sucl
a stipulation is law between the partits
fixing the measure of damages, and the
mode Of ascertaining their amount, ano
that the purchaser not electing to pur
chase lumber to supply certain shortage!
i'll delivery can not recover loss OF
profits. 1t is therefore ordered that the
Judgment appealed from be amended b,
reducing the amount from $3,ooo.2I tt
I$2,63S24 and it is further ordered tha
as thus amended the said Judgment b'
affirmed. costs of appeal to be paid b.
the plaintiff.
| w. T. Colquitt VS.. St. Louis South
western Railway Company In Re St
Louis Southwestern Railway Compan
lapplying for certiorari or writ Of review
Ito the Court of Appeal. Parish of Caddo
State of Louisiana This application 70
the writ of review coming on in du
Icourse for examination, the conclusion
reached on consideration thereof is tina
the same should not be granted. and &C
cordingly the application is dismissed a
the costs of the applicant