Atchafalaya Land Co. v. F. B. Williams Cypress Co.

258 U.S. 190, 42 S. Ct. 284, 66 L. Ed. 559, 1922 U.S. LEXIS 2259
CourtSupreme Court of the United States
DecidedMarch 13, 1922
Docket106
StatusPublished
Cited by49 cases

This text of 258 U.S. 190 (Atchafalaya Land Co. v. F. B. Williams Cypress Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atchafalaya Land Co. v. F. B. Williams Cypress Co., 258 U.S. 190, 42 S. Ct. 284, 66 L. Ed. 559, 1922 U.S. LEXIS 2259 (1922).

Opinion

Mr. Justice McKenna

delivered the opinion of the court.

Suit by the Atchafalaya Land Company to have declared-nuil and void certain patents issued by the Register of the State Land Office of Louisiana to a partnership composed of John N. Pharr and Frank B. Williams, of which the F. B. Williams .Cypress Company became grantee May 23, 1903; and that the lands of the patents be adjudged to have been included in the grant of the State to the Board of Commissioners of'the Atchafalaya *193 Basin Levee District anterior to the patent to Pharr arid Williams, and by the Board of Commissioners transferred to Edward Wisner and J. M. Dresser, under a contract dated'July, 1900, confirmed April 11, 1904, and by them to the Land Company.

It was prayed that the Board of Commissioners be cited to join in the vindication of the Land Company’s rights. The Board responded to the citation by ■ intervening, answering and joining in the prayer of the bill. The other plaintiff in error also intervened.

The answer of the Cypress Company brought into the case a statute of limitations of the State approved July 5, 1912, Act No. 62, that prescribes the time of bringing suits which attack patents from the State, or any transfer of property by any subdivision of the State. 1

This suit was not brought within the'time prescribed. 2

The following are the other facts, stated narratively:

The State of Louisiana is the grantee under the Acts of Congress of 1849 and 1850 of the swamp and overflowed •lands in the State.

The State in 1890 [Act No. 97] created the Board of Commissioners of the Atchafalaya Basin Levee District *194 and constituted it a corporate body. The act created the Levee .District and declared that all lands in the District then belonging to the State or that might thereafter be acquired, were thereby granted to the Board of Commissioners of the District. And it was further provided, to accommodate the timé for redemption of the lands sold for taxes, even those forfeited for non-payment, after the expiration of six months from the passage of the act, that it should be the duty of the State Auditor and the Register of the State Land Office to convey the lands to the Board of Commissioners whenever requested to do so by the Board or its president; and that after the recording of the instruments of conveyance the title and possession of the lands should vest absolutely in the Board, its successors or grantees.

This request was not made but the Board nevertheless sold to Edward .Wisner and John M. Dresser the lands in controversy and bound itself in the instrument of conveyance “ to lend itself, with all its rights, powers and privileges and prerogatives to perfect its title or the title acquired under this agreement to all lands which it could have and [Wisner and Dresser] can now justly lay claim to and to do so whenever so requested, . .

. The Land Company has become the assignee and representative of Wisner and Dresser with their rights. The Lumber Company has acquired rights’ to the timber on the land and to that extent claims to be entitled to call for a conveyance.

The Board, of Commissioners in view of having bound itself to make deed to Wisner "and Dresser unites with the Land Company and the Lumber Company, as we have said, to seek the relief desired by them, which includes the cancellation'of patents issued to thé partnership composed of John N. Pharr and F. B. Williams (of which the Williams Cypress Company is grantee) and the recognition of title in the Land and Lumber Companies.

*195 To the. cause of action thus stated, the Cypress Company pleaded the statute of the State heretofore referred to limiting the time of suit.

In reply to the plea of the statute the' Land Company and interveners averred that its application would violate the Constitution of the United States in that it would deprive them of their property without due process of law, and would impair the obligation of the contract entered into between the State and the Board of Commissioners of the Levee District and Wisner and Dresser and their assignees.

The specification of this effect is that the grant from the State to the Board of Levee Commissioners took from the State the right to otherwise, dispose of the lands, and further, that the right to acquire by transfer from the State was perpetual, and that this right constituted a contract, and the right to demand perfection of the title was in the Board of Commissioners or its assignees, and that these rights were the obligation of the contract, and would be violated by the prescription act.

- The trial court (19th Judicial District Court in and for the Parish of. Iberia) accepted this view and adjudged to the Land Company and interveners the relief and judgment prayed for.

Upon appeal of the Cypress Company the Supreme Court reversed the decree and adjudged that the plea of prescription should have been sustained, and that the demands of the Land Company and interveners should have been denied and rejected.

The court recited the facts, as we have stated them, and that, within six months after the statute was passed (July 8,1890) granting the lands to the Board of Commissioners, Pharr and Williams made cash purchases of the lands now in controversy and obtained the patents in contest which were promptly recorded. The cotirt stated further that Pharr, sold his interest in the lands to Williams in 1892 *196 and Williams sold the lands to the Cypress Company in 1903 and the deed was duly recorded, and that the Company immediately went into possession of the lands and exercised ownership upon them, and has ever since exercised ownership in various ways to the date of filing its answer, and it and its grantors have since 1890 paid the taxes on the lands. The court pointed out that no instrunent of conveyance was ever made to the Board of Comnissioners nor was there any request made for the same is provided for in the Act of 1890.

The court decided these were indispensable conditions and, they not having been performed, no indefeasible title passed or could pass to the Board or its assignees. . Or, to quote the court, it quoting'a state decision, “ the board of commissioners of the levee .district could not convey a perfect title, or title indefeasible at the instance of the state, for any land in the district, before the board had obtained and recorded an instrument of conveyance of the land, in the manner required by the statute creating the levee district,” and that until such time “ the lands remained under legislative control by the state, as well after as before the board of commissioners contracted with Wisner and Dresser.” The conclusion of the court was that the Legislature, therefore, had power, at any time, to limit the time within which the board of commissioners of the levee district could lay claim to lands that had been disposed of by the state directly in favor of individuals or private corporations ”, and that this power was exercised by the act of prescription.

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Bluebook (online)
258 U.S. 190, 42 S. Ct. 284, 66 L. Ed. 559, 1922 U.S. LEXIS 2259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atchafalaya-land-co-v-f-b-williams-cypress-co-scotus-1922.