278 F. 168 | 5th Cir. | 1922
This suit was commenced by filing a petition which alleged that the plaintiff therein was in possession of the west half of a named quarter section of land in Caddo parish, Louisiana, that the defendant therein had trespassed and depredated on said land, and prayed that the defendant be restrained by injunction from trespassing or entering upon said land or from interfering in any manner with petitioner’s possession thereof. Diversity of citizenship was not alleged, and the only ground of jurisdiction claimed is that a federal question was involved. The petition contained aver-ments to the effect that the land mentioned was included in the grant by Congress to the state of Louisiana of swamp and overflowed lands, and in a grant by that state to the board of commissioners of the Caddo levee district, a corporation, and was sold and conveyed by that corporation to two named persons, who sold and conveyed it to the plaintiff. The petition also contained the following:
“Your orator avers that their title to said land and rights as owner and possessor result from acts of Congress of the United States and depend on the construction of same. That defendant falsely pretended to enter upon said land under a homestead entry made under the laws of the United Slates, but your orator avers that, if any homestead entry of said land exists, which is denied, same is an absolute nullity. That no rights whatever can or do exist thereunder, and that, even though, your orators were without title, their possession of inclosed land cannot be divested, nor can such land bo entered upon under a homestead entry. Your orators aver that this cause raises federal questions, the determination of which depends on the construction of acts of Congress of the United States and presents a case of which this honorable court has jurisdiction.”
The judgment is reversed, and the case is dismissed for want of jurisdiction.