United States v. Turner
Decision Date | 28 January 1931 |
Docket Number | No. 8971.,8971. |
Citation | 47 F.2d 86 |
Parties | UNITED STATES v. TURNER. |
Court | U.S. Court of Appeals — Eighth Circuit |
Peter B. Garberg, U. S. Atty., of Fargo, N. D.
Before KENYON and GARDNER, Circuit Judges, and MUNGER, District Judge.
Christina P. Turner, the appellee, filed a bill against the United States praying that her title to a tract of land in North Dakota be quieted as against any claims of the United States and for an injunction against any disturbance of her title and possession and for general relief. She alleged ownership by purchase from F. C. Turner in 1922, and possession thereafter. She also alleged that a mistake was made in the deed executed by F. C. Turner by which he undertook to convey this land to her, so that the deed described another tract of land. There were other allegations of the recovery of a judgment by the United States against F. C. Turner, the issuance of an execution under the judgment, a levy on and sale of this land, and the issuance of a certificate pursuant to the sale, but no allegation of the value of the land.
An answer was filed for the United States by the district attorney, and a decree was entered in the case quieting the plaintiff's title and granting the injunction as prayed. At the following term, the United States filed a motion in the case to vacate the decree. Counsel for both parties submitted this motion to the court. The motion was overruled, and from that order this appeal is prosecuted.
The motion to vacate the decree alleged that the United States had title to the land prior to the decree because of a sale of the land to it under an execution in satisfaction of a judgment against F. C. Turner, the record owner of the land at the time the judgment was entered, and alleged that the court was without jurisdiction to enter the decree, as there had been no consent of the United States to the prosecution of the suit, and that the appearance of the district attorney had not expressed the consent of the United States.
The government of the United States is not subject to suit without its consent; its consent is expressed only by a statute permitting suits against it; and the courts cannot go beyond the letter of such consent, where such consent has been expressed. United States v. Clarke, 8 Pet. 436, 8 L. Ed. 1001; Schillinger v. United States, 155 U. S. 163, 15 S. Ct. 85, 39 L. Ed. 108; Nassau Smelting Works v. United States, 266 U. S. 101, 45 S. Ct. 25, 69 L. Ed. 190; Morrison v. Work, 266 U. S. 481, 45 S. Ct. 149, 69 L. Ed. 394.
Any claim of jurisdiction to enter the decree rendered is founded upon the provisions of that part of section 24(20) of the Judicial Code (28 U. S. Code § 41(20), 28 USCA § 41(20) which gives the District Court jurisdiction.
"Concurrent with the Court of Claims, of all claims not exceeding $10,000 founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable."
In construing similar prior acts of Congress giving to the Court of Claims jurisdiction to hear and determine all claims founded upon any act of Congress or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the United States, the Supreme Court held that only suits for the recovery of money from the United States could be maintained. The court said:
United States v. Alire, 6 Wall. 573, 575, 18 L. Ed. 947.
The Act of March 3, 1887, sometimes called the Tucker Act (24 Stat. 505), provided for the bringing of suits against the government of the United States either in the Court of Claims or in the Circuit or District Courts of the United States. The Court of Claims was given jurisdiction of all claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty, if the United States were suable, the District Courts of the United States were given concurrent jurisdiction with the Court of Claims of such matters where the amount of the claim did not exceed $1,000, and the Circuit Courts were given concurrent jurisdiction where the claim exceeded $1,000 and did not exceed $10,000. The Supreme Court in United States v. Jones, 131 U. S. 1, 9 S. Ct. 669, 671, 33 L. Ed. 90, in considering this statute, after referring to the decree in United States v. Alire, said:
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