Adria Smith Stanton v. United States of America

WISDOM, Circuit Judge:

The question this case presents is whether the United States has consented to be sued under 28 U.S.C. §§ 1347 and 2409 in an action for partition of real estate when the United States disputes the plaintiffs’ claim to ownership and possession of the property. We agree with the district court's holding for the United States and affirm the order dismissing the complaint for lack of jurisdiction.

The plaintiffs, children and grandchildren of one John E. Smith, filed in a Texas court a partition suit against the United States. 1 They alleged that they were owners and in…