Shreveport Chapter 237 of United Daughters of the Confederacy v. Caddo Parish Comm'n

331 F. Supp. 3d 605
CourtDistrict Court, W.D. Louisiana
DecidedJuly 25, 2018
DocketCASE NO. 5:17-CV-01346
StatusPublished

This text of 331 F. Supp. 3d 605 (Shreveport Chapter 237 of United Daughters of the Confederacy v. Caddo Parish Comm'n) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shreveport Chapter 237 of United Daughters of the Confederacy v. Caddo Parish Comm'n, 331 F. Supp. 3d 605 (W.D. La. 2018).

Opinion

ROBERT G. JAMES, UNITED STATES DISTRICT JUDGE

Pending before the Court is a Motion for Summary Judgment, submitted by Defendant, the Caddo Parish Commission, whereby Defendant seeks dismissal of all claims asserted by Plaintiff, Shreveport Chapter # 237 of the United Daughters of the Confederacy. [Doc. No. 88]. At its core, the dispute in this matter is whether the Caddo Parish Commission can remove the Confederate Monument which sits on the front plat or portion of the Caddo Parish Courthouse Square.1 The answer to the question in dispute turns upon what person or entity has the right to control the property upon which the monument sits. By its motion, Defendant contends Plaintiff "cannot demonstrate a property interest in the land upon which the Confederate Monument sits and therefore cannot assert First, Fifth and Fourteenth Amendment Claims."Id. at 1. Plaintiff opposes the motion, contending it acquired ownership of the land underneath the monument by acquisitive prescription. For the reasons that follow, the Court finds the Caddo Parish Commission has the authority to remove the monument which sits upon property the Parish holds in trust for public use. Accordingly, Defendant's motion is GRANTED, and Plaintiff's claims are DISMISSED WITH PREJUDICE.

I. Historical Background

On July 1, 1835, a Treaty was made with the Caddo Indians whereby the United States would acquire the lands which today constitute Caddo Parish. [Doc. No. 38 at 2;

*609see also Treaty With the Caddo, 7 Stat. 470 (1835) ]. The second supplemental article of the Treaty "reserved to Larkin Edwards ... one section of land to be selected out of the lands ceded to the United States by the said nation of Indians...." Id. The foregoing "floating reservation" given to Edwards, which consisted of 640 acres and forms present day downtown Shreveport, included what later became known as Shreveport Block 23. [Doc. No. 90 at 6]. On January 24, 1836, Larkin Edwards entered into a promise to sell his floating grant to Angus McNeill for $5,000.00, on the condition that the Treaty between the United States and the Caddo "be confirmed by the Senate of the United States...." [Doc. No. 90-1 at 14, 16].2 On January 26, 1836, the Treaty with the Caddo was ratified by the United States Senate. See U.S. v. Brooks , 51 U.S. 442, 448, 10 How. 442, 13 L.Ed. 489 (1850).

In May of 1836, Angus McNeil and six other persons formed the Shreve Town Company. [Doc. No. 90 at 6; Doc. No. 90-1 at 12; see also Pickett v. Brown , 18 La.Ann. 560, 561 (La. 1866) ; Akin v. Caddo Parish Police Jury , 234 So.2d 203, 205 (La. App. 2 Cir. 1970) ]. On May 27, 1836, McNeil sold and assigned to each of his partners an equal interest in the Edwards' reserve. [Doc. No. 90-1 at 12]. That Act of Sale states the reserve "has been located on Bennett and Cane's Bluff on the South Bank of Red River as will more fully appear by reference to a survey made by Grant A. Alexander, dated on the 16th of May, 1836, which tract or parcel of land has been laid out in lots for a town to be called SHREVE TOWN." [Doc. No. 90-1 at 12 (emphasis in original) ]; see also Akin at 205 ; City of Shreveport v. Walpole , 22 La.Ann. 526, 527 (La. 1870) ; Cane v. Battle , 3 La.Ann. 642, 643 (La. 1848).

On February 4, 1837, Larkin Edwards executed an act under private signature whereby he nullified the former conveyance of his property to McNeil, acknowledged he had previously received $5,000.00 for the property, and then conveyed the property to the members of the Shreve Town Company.3 The document further states:

It is my intention and it is so understood between me and the purchasers above named to convey all the right, title, claim and pretensions which I now have by virtue of the above recited Treaty ... and I do hereby warrant and will forever defend the above sold and described tract of land to the said purchasers, their heirs or assigns, against the claim or claims of all and every person or persons whomsoever....

[Doc. No. 90-1 at 16]. Edwards further bound himself, his "heirs, executors, and administrators, to pass and sign an authentic Act of Sale of the above mentioned tract of land before any Notary or other public officer duly authorized to receive and record contracts in the said State whenever I or they shall be legally required so to do." Id. The instrument is signed by Edwards, McNeill, the six other members of the Shreve Town Company, and three witnesses. Id. ; see also Cane at 643. On June 27, 1839, Edwards acknowledged the February 4, 1837 conveyance of his land to the Shreve Town Company before the Judge and Ex officio Notary Public for the Parish, as well as two witnesses, thereby causing his act under private signature to have "the same credit as *610an authentic act." LA. CIV. CODE art. 2239 (1825); [Doc. 90-1 at 16-17].4 On December 14, 1841 (effective May 10, 1843), the Shreve Town Company was dissolved and it divided all remaining unsold lots by judicial partition. [Doc. No. 90 at 7 (citing Pickett v. Brown , 18 La.Ann. 560, 561 (La. 1866) ) ]. Block 23 had not been sold prior to the partition, and "no former owners of the Shreve Town Company has ever claimed it." Id. at 8.

On January 18, 1838, the Parish of Caddo was created out of Natchitoches Parish. Parish of Caddo v. Bossier Parish , 164 La. 378, 113 So. 882, 884 (1927) ; Akin at 205. On March 20, 1839, the town of Shreveport was created by the Louisiana Legislature. City of Shreveport v. Walpole

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Bluebook (online)
331 F. Supp. 3d 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shreveport-chapter-237-of-united-daughters-of-the-confederacy-v-caddo-lawd-2018.