Legal Opinion

Arthur J. Fulcher, Jr. v. United States

Court of Appeals for the Fourth Circuit

Decided August 3, 1979No. 78-1552PublishedCited by 9 opinions

1Opinion of the Court

K. K. HALL, Circuit Judge:

The single issue presented in this appeal is the validity of the United States’ title to property taken in a condemnation proceeding, where no actual notice of the proceedings was sent to the property’s owner although his identity could have been discovered by a diligent title search. We hold that title passes when the government has properly invoked the in rem jurisdiction of *296the condemnation court, and that no action can thereafter be maintained under 28 U.S.C. § 2409a to question that title.

Arthur J. Fulcher brought this action under § 2409a claiming present title…

2Cases cited12 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Shaffer v. HeitnerSupreme Court of the United States · 1977
  3. Catlin v. United StatesSupreme Court of the United States · 1945
  4. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  5. Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Arthur J. Fulcher, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1980
  2. United States v. 162.20 Acres of Land, More or Less, Situated in Clay County, State of Mississippi, and F. E. UithovenCourt of Appeals for the Fifth Circuit · 1981
  3. Arthur J. Fulcher, Jr. v. United States of America, Arthur J. Fulcher, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1982
  4. United States v. Bill R. HerringCourt of Appeals for the Eighth Circuit · 1984
  5. Whittaker v. County of LawrenceDistrict Court, W.D. Pennsylvania · 2009

4 more not listed; retrieve them via the Exa API.

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