RS 41:1321

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

RS 41:1321

CHAPTER 11. MISCELLANEOUS TITLE

VALIDATING PROVISIONS

§1321. Sales made before 1914 validated

All sales of sixteenth section school lands in the State made prior to the first day of January, 1914, are ratified and confirmed notwithstanding informalities in the sales subject to the following conditions:

(1)The parish treasurer or other officer making the sale executed a deed to the purchaser which deed, or the record thereof, shall be full proof that such sales were made in compliance with all the requirements and provisions of laws existing at the time the sales were made;

(2)Where the deed recites that the transfer or sale was made for a cash consideration, the recital shall be full proof that the entire consideration was properly paid;

(3)Where the deed recites that the sale was made for part cash and the balance on terms of credit, the recital shall be full proof that the cash portion of the purchase price was properly paid, and if the mortgage records of the parish wherein the property is situated show a cancellation of the mortgage securing the credit portion of the purchase price, the cancellation shall be full proof that the credit portion of the purchase price has been paid;

(4)If the mortgage records of the parish wherein the property is situated do not show a cancellation of the mortgage securing the credit portion of the purchase price, and no action or suit has been brought and prosecuted to a conclusion to foreclose the mortgage securing the credit portion of the purchase price or to have the sale rescinded, annulled or set aside, it shall be presumed that the credit portion of the purchase price has been fully paid.

All informalities and defects in the sales, subject to the above provisos, are cured.