SIMMONS v. U. S. THROUGH FARMERS HOME ADMINISTRATION

No. 8127SC39.

280 S.E.2d 463 (1981)

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 of Appeals of North Carolina.

July 21, 1981.


Attorney(s) appearing for the Case

Hamrick, Mauney, Flowers, Martin & Deaton by W. Robinson Deaton, Jr., Shelby, for plaintiffs-appellants.

U. S. Atty. Harold M. Edwards by Asst. U. S. Atty. Jerry W. Miller, Asheville, and Senior Atty. Lawrence B. Lee, U. S. Dept. of Agriculture, Atlanta, Ga., for defendant-appellee United States of America.


HEDRICK, Judge.

Plaintiffs assign error to the court's conclusions that the action was one to reform an instrument on the basis of a unilateral mistake based upon misrepresentation and that it was without jurisdiction to hear this action, and to the order entered thereon. Plaintiffs argue that their action was in the nature of an action to quiet title such that the court had jurisdiction over defendants pursuant to 28 U.S.C. § 2410(a). We do not agree.

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