Nick Andros v. Craig W. Rupp

This is an action to enjoin the defendant, Craig W. Rupp, from interfering with the use and enjoyment of certain lands which the plaintiff alleges he owns.

The United States contends that the court lacks jurisdiction because this was an unconsented suit against the sovereign. United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). The district court reserved judgment on a motion to dismiss filed by the government pending a hearing to determine the facts. At the conclusion of the hearing, the court was of the opinion that this was an action to quiet title against the United States without its consent and granted the motion to dismiss. Andros appealed. We reverse.

The complaint alleged that the plaintiff was the owner of the lands in fee simple by a deed from Bannock County, Idaho, and that the United States had issued a patent on the land the validity of which had been recognized by the Department of the Interior.

At the beginning of the hearing before the court, the parties stipulated to many of the essential facts. This stipulation established that:

John C. Weeter filed an entry on this 80 acre tract on December '6, 1902, under the Timber and Stone…