United States v. Hellard

1 Citing case

  1. Goddard v. Frazier

    156 F.2d 938 (10th Cir. 1946)   Cited 17 times
    In Goddard v. Frazier, 10 Cir., 156 F.2d 938, we held that ยง 3 of the Act of July 2, 1945, supra, was valid and constitutional.

    When the defendants relied upon the sheriff's deed issued in pursuance of judgment of the state court in the partition proceedings, the appellees here, joined by the Government, replied that the said deed was void and conveyed no title because the United States was not a party or given notice of the partition proceedings. The trial court gave judgment in accordance with the decision of this court in United States v. Hellard, 138 F.2d 985. During the pendency of an appeal to this court, the United States reversed our decision in the Hellard case, and we accordingly reversed this case with directions to proceed in accordance with the decision of the Supreme Court in the Hellard case without prejudice however to the right of the appellees there (appellants here) to produce evidence in support of their contention that the participation of the United States probate attorney in the partition proceedings operated to effectively bind the United States to the state court judgment. On remand and in pursuance of our mandate, the trial court, after hearing, concluded that the participation of the United States probate attorney in the partition proceedings did not operate to bind the United States to the judgment.