60 So. 77 | La. | 1912
Plaintiff alleged ownership and possession of the N. y2 of the S. W. % and the S. y2 of the N. W. % of section 21, township 3 S., range 11 E.; that he acquired the land by purchase from Warren G. Green on September 7, 1898; and that Green acquired from the state of Louisiana in the year 1897.
The petition alleged that Green entered the land in 1896, resided thereon for 14 months, at the expiration of which time he made application and proof of his settlement and received a final receipt, which was duly recorded in the parish of Washington. Plaintiff alleged that said final receipt and the record thereof was destroyed by the fire which burned the courthouse of said parish on March 17, 1897.
Plaintiff further alleged that the register of the state land office received the application and proof of the said Green, but failed to make an entry of the same on the records of his office; and therefore no patent was ever issued to said Green for the above-described land.
Plaintiff further alleged that the defendants, in June, 1905, made affidavit that the said Green had never complied with the law, and upon such affidavit, and without notice to the said Green or to plaintiff, the said register canceled the entry of the said Green and issued a patent for said land, in violation of law and the rights of the plaintiff as assignee of the said Green.
Plaintiff prayed for judgment canceling the patent issued to the defendants, and recognizing plaintiff’s right, as vendees of the said Green, to the land in question.
Defendants answered, averring ownership and possession, under the patent referred to in the petition, of the land in controversy, denying that the said Green ever complied with the law in perfecting his homestead, and specially denying that the said Green ever received the receiver’s final certificate, or any document of a similar nature.
The case was tried, and the plaintiff has appealed from a judgment in favor of the defendants.
Babington Bros, purchased the land in dispute from W. O. Green in September, 1898.
It appears from the records of the state land office that the land in dispute was entered by Warren Green on August 20, 1896, and that the entry was “canceled by default. Act 42 of 1886.” This act authorizes the register of the state land office to cancel all entries “where parties have failed to make proof, as required under the homestead act and act of settlement and cultivation.”
Judgment affirmed.