Stanley v. Schwalby

Citations

• 147 U.S. 508
• 13 S. Ct. 418
• 37 L. Ed. 259
• 1893 U.S. LEXIS 2180

Syllabus

<p>For purposes of jurisdiction there is no distinction between suits against the government directly, and suits against its property.</p> <p>Where property of the United States is involved in a litigation to which they are not technically parties under authority of an act of Congress, the attorney for the United States may intervene by way of suggestion, and in such case the court will either stay the suit or adjust its judgment according to the rights disclosed on the part of the government.</p> <p>United States v. Lee, 106 U. S. 196, distinguished from this case.</p> <p>When the United States become a party defendant to an action brought by a, citizen the bar of the statute of limitations is a valid defence, if set up and maintained.</p> <p>The defence of adverse possession may be set up by the United' States in an action to try title to real estate, and, if supported by the proof, is a valid defence.</p> <p>When an officer of the United • States, in possession under their authority of real estate claimed by them, is sued in a state court in trespass to try title to the real estate, and sets up that claim and that authority as a defence in the action, an adverse judgment in the highest court of the State draws in question the validity of an authority exercised under the United States, and gives this court jurisdiction to review that decision ■ on writ of error.</p>