Aboriginal title in Louisiana

The 1804 act forming the Louisiana Territory declared that any Spanish grants during the disputed period, “under whatsoever authority transacted, or pretended,” were “from the beginning, null, void, and of no effect in law or equity.

The three sales, which occurred under Spanish rule, deeded land to Phillip Verret (September 10, 1794), Frederick Pellerin (October 1, 1794), and Marie Joseph (June 22, 1799).

[13] The Fifth Circuit assumed, but did not decide, that the three transactions occurred in violation of Spanish law by failing to obtain the permission of the Governor.

[15] The Fifth Circuit referred to the Supreme Court's cases interpreting the California Land Claims Act, which it concluded was "very similar" to the statutes relating to Louisiana.

(1941), noting that the federal statutes relating to Arizona and New Mexico there "did not set up any system for filing and deciding the validity of the land claims.