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28 U.S.C. § 2409 — Partition actions involving United States
Federal law — U.S. Code and appendices · legal_authorities
Any civil action by any tenant in common or joint tenant owning an undivided interest in lands, where the United States is one of such tenants in common or joint tenants, against the United States alone or against the United States and any other of such owners, shall proceed, and be determined, in the same manner as would a similar action between private persons.
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Stable record: federal_law:legal_authorities:record_usc_d794a88e570dacdc6ed84c55
Source file: Laws/federal/codes/united-states-code/title-28/section-2409-partition-actions-involving-united-states--fbb6408e96.md
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Source location: Title 28, Chapter 161, § 2409; chapter-161-united-states-as-party-generally.md
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Any civil action by any tenant in common or joint tenant owning an undivided interest in lands, where the United States is one of such tenants in common or joint tenants, against the United States alone or against the United States and any other of such owners, shall proceed, and be determined, in the same manner as would a similar action between private persons.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General shall appoint, with the approval of the President, an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe.
**(b)** The position of Assistant Attorney General for Administration is in the competitive service.
**(c)** Notwithstanding the provisions of [section 901 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section901&num=0&edition=prelim), United States Code, the Assistant Attorney General for Administration shall be the Chief Financial Officer of the Department of Justice.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 507
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Federal law — U.S. Code and appendices · legal_authorities
Page 598
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2408
A continuance may be granted if the defend-
ant, in open court and in the presence of the
United States attorney, states under oath that
he is equitably entitled to credits which have
been disallowed by the Government Account-
ability Office prior to the commencement of the
action, specifying each particular claim so re-
jected, and stating that he cannot safely come
to trial.
A continuance may also be granted if such an
action is commenced on a bond or other sealed
instrument and the court requires the original
instrument to be produced.
(June 25, 1948, ch. 646, 62 Stat. 972; Pub. L.
108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 781 (R.S. § 957; June
10, 1921, ch. 18, § 304, 42 Stat. 24).
Word ‘‘action’’ was substituted for ‘‘suit’’, in view of
Rule 2 of the Federal Rules of Civil Procedure.
Words ‘‘court requires the original instrument to be
produced’’ were substituted for ‘‘defendant pleads non
est factum, verifying such plea or motion by his oath,
and the court thereupon requires the production of the
original bond, contract, or other paper certified in the
affidavit’’. The plea of non est factum is obsolete under
Rule 7(c) of the Federal Rules of Civil Procedure. Fur-
thermore, the words deleted are superfluous, since a
court would not require the production of an original
instrument unless the proper procedure were taken to
require such production.
Changes were made in phraseology.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–271 substituted ‘‘Government Ac-
countability Office’’ for ‘‘General Accounting Office’’ in
second par.
§ 2408. Security not required of United States
Security for damages or costs sha
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2409
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.