United States v. Summerlin, 310 U.S. 414 (1940)

CERTIORARI TO THE SUPREME COURT OF FLORIDA

Syllabus

1. A claim assigned to the Federal Housing Administrator became a claim of, and enforceable by, the United States. Act of June 27, 1934. P. 416.

2. Whether the United States sues in its own court or in a state court, it is not bound by state statutes of limitations or subject to the defense of laches. P. 416.

The fact that the claim in question was acquired by the United States under the National Housing Act does not take the case out of the rule. P. 416.

3. A state statute providing that claims against a decedent’s estate not filed within a specified period shall be void might deprive the state probate court of jurisdiction to receive and pass upon claim of the United States, but cannot affect its validity. P. 417.

140 Fla. 475, 191 So. 842, reversed.

Certiorari, 309 U.S. 647, to review the affirmance of a judgment declaring a claim of the United States against a decedent’s estate void because not filed within the time prescribed by a state statute.