United States v. Devereux
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. This case comes up on appeal from the decree of the circuit court of the United States for the Eastern district of North Carolina. The bill is filed by the United States against the defendants, seeking satisfaction of certain claims of the United States, by the sale of lands in the state of North Carolina, to which the defendants assert title.
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Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. This case comes up on appeal from the decree of the circuit court of the United States for the Eastern district of North Carolina. The bill is filed by the United States against the defendants, seeking satisfaction of certain claims of the United States, by the sale of lands in the state of North Carolina, to which the defendants assert title. The facts as they appear in the record are as follows: At the May term, 1816, of the circuit court of the United States for the district of North Carolina,…
1Opinion of the CourtSimoytoy, Circuit Judge
(after stating the facts). It was suggested in argument that as the United States in this case comes into court claiming rights as cestui que trust under a deed between private parties, and asserting these rights as a private individual would, the case does not involve any governmental right or duty; that, therefore, the ordinary rules controlling courts of equity as to laches should be enforced. This position cannot be maintained. The United States do not and cannot hold property as a monarch may for private or personal purposes. Van Brocklin v. Tennessee, 117 U. S., at page 158, 6 Sup. Ct.…
2Cases cited16 opinions
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- Peugh v. DavisSupreme Court of the United States · 1878
- Russell v. SouthardSupreme Court of the United States · 1851
- Fletcher v. FullerSupreme Court of the United States · 1887
- United States v. InsleySupreme Court of the United States · 1889
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3Cited by7 opinions
- Harn v. SmithSupreme Court of Oklahoma · 1921
- M. T. Humphries v. Texas Gulf Sulphur CompanyCourt of Appeals for the Fifth Circuit · 1968
- United States v. MillerCourt of Appeals for the Eighth Circuit · 1928
- Atchley v. Superior Oil CompanyCourt of Appeals of Texas · 1972
- State v. Superior Oil CompanyCourt of Appeals of Texas · 1975
2 more not listed; retrieve them via the Exa API.