United States v. Whited & Wheless, Ltd.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The case is stated in the opinion. In the- absence of limitation the Government may sue either to annul the patent or to recover the value of the land. The authority of the Attorney General to make this election of remedies results from his general authority to sue ill behalf of the United States upon all just grounds that are available to private individuals.
Read the full summary
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The case is stated in the opinion. In the- absence of limitation the Government may sue either to annul the patent or to recover the value of the land. The authority of the Attorney General to make this election of remedies results from his general authority to sue ill behalf of the United States upon all just grounds that are available to private individuals. United States v. San Jacinto Tin Co., 125 U. S. 273, 279. A demonstration of the availability of both these remedies to the Government is found in the fact that where one of…
1Opinion of the CourtJustice Clarke
This is a suit to recover from the liquidating commissioners and the former president of a dissolved corporation the value of public lands described , in a patent which it is alleged was procured from the Government by the fraudulent conduct of the company and of its president.
A demurrer to the petition was sustained by the District Court, and this judgment was affirmed by the Circuit Court of Appeals on the ground that the cause of action stated was barred by the statute of limitations, which reads as follows:
“That suits by the United States to vacate and annul any patent heretofore issued…
2Cases cited9 opinions
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- Hardin v. BoydSupreme Court of the United States · 1885
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1908
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- E. I. Dupont De Nemours & Co. v. DavisSupreme Court of the United States · 1924
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Chesapeake & Delaware Canal Co. v. United StatesSupreme Court of the United States · 1919
- Leister v. Dovetail, Inc.Court of Appeals for the Seventh Circuit · 2008
- United States v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of the United States · 1918
49 more not listed; retrieve them via the Exa API.