Price v. United States

BRORBY, Circuit Judge.

Plaintiff-appellant Ollie F. Price, III appeals from an order dismissing his partition action on the ground that the United States, an indispensable party, had not consented to be sued. Plaintiff contends that the United States has consented to be sued. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.1

Pursuant to 25 U.S.C. § 372, the United States granted Isabelle Sposet Mahseet, a non-Indian, a fee simple patent for an undivided 23/378th interest in certain land in Oklahoma. Mahseet conveyed the interest to plaintiff by warranty deed. The land was…