# Simmons v. United States

> Court of Appeals of North Carolina · July 21, 1981 · 53 N.C. App. 216

URL: https://www.frixlaw.com/law-library/cases/8904049

## Case

- **Full name:** FRED M. SIMMONS and wife, EUNICE S. SIMMONS v. UNITED STATES OF AMERICA, acting through the FARMERS HOME ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, JAMES O. BUCHANAN, Trustee
- **Court:** Court of Appeals of North Carolina
- **Decided:** July 21, 1981
- **Citations:** 53 N.C. App. 216; 280 S.E.2d 463; 1981 N.C. App. LEXIS 2567
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wells
- **Judges:** Harry, Hedrick, Martin, Wells
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8904049

## How later opinions describe it (automated extraction)

- stating that “[q]uiet title actions have been interpreted to include actions to remove a cloud on the title of a plaintiff under both federal” and state law

## Opinion text

WELLS, Judge,
concurring in part and dissenting in part:
I concur with the majority holding that if the case sub judice be an action to quiet title, 28 U.S.C. Sec. 2410 (a)(1) would operate to waive the immunity of the United States to this civil action and to give the trial court jurisdiction.
I respectfully dissent from the majority holding that this ac1 tion is not an action to quiet title. I conclude that it is an action to quiet title, see Wells v. Clayton, 236 N.C. 102 , 72 S.E. 2d 16 (1952), and Development Co., Inc. v. Phillips, 278 N.C. 69 , 178 S.E. 2d 813 (1971), and that the judgment of the trial court should be reversed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8904049. Public record. Not legal advice.