George Sutherland

“ The general rule that statutes of limitation do not run against the United States often works hardship. The rule proved so oppressive when applied to proceedings to annual patents to land, that Congress erected for such suits the six-year bar. ”

“ The government gained nothing, the defendants lost nothing, by the bringing of the futile suit in equity to annul the patent. However stupid or stubborn a party may have been, he is not deprived of the right to try another remedy ”

“ If he deems it doubtful which one of several possible courses will lead to relief, he may (even where the courses are inconsistent) follow one to defeat, and still pursue thereafter another remedy until he ultimately finds the one which will afford him redress, provided always that the facts do not create an equitable estoppel. ”

“ In so doing he makes a choice of substantive rights. But where the vendor's first attempt to obtain redress was by way of rescission, and there was in fact then no right to rescind, his substantive rights have not been changed. [5] This is the situation presented in the case at bar. The government said, in effect:
'We wish to rescind and get back the land; but if the facts or the law are such that we cannot rescind, then we wish to recover damages for the deceit.'
Certainly that is not taking inconsistent positions. See United States v. ”

“ The question was whether plaintiff had elected to ratify the transaction after knowledge of the fraud. In Dahn v. Davis, 258 U.S. 421, 42 Sup. Ct. 320, 66 L. Ed. 696, the question was one of statutory construction, namely, whether an employee injured during federal control of the railroad had a right to compensation under both the Federal Control Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 3115 3/4 a-3115 3/4 p) and the Compensation Act (Comp. St. §§ 8932 a-8932 uu) , or only under one.↑ Strong v. Strong, 102 N. Y. 69, 73, 5 N. E. 799 ”