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28 U.S.C. § 1347

Section 1347 · Partition action where United States is joint tenant

Amended 1 time on record

Applied in 21 court decisions — leading case Madruga v. Superior Court of State of California in and for San Diego County (1954)

Most recently applied in 606 F. App'x 259 - Bradford v. United States Department of Agriculture (June 2015)

How often courts cite this section

1948196019802000201530ch. 646enacted · 1948 · ch. 646Madruga v. Superior Court of State of California in and for San Diego Countyleading · 1954 · Madruga v. Superior Court of State of California in and for San Diego County
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition of lands where the United States is one of the tenants in common or joint tenants.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §41(25) (Mar. 3, 1911, ch. 231, §24, par. 25, 36 Stat. 1094).

The venue provision in section 41(25) of title 28, U.S.C., 1940 ed., is incorporated in section 1399 of this title.

Words “civil action” were substituted for “suits in equity,” in view of Rule 2 of the Federal Rules of Civil Procedure.

A change was made in phraseology.

Cross References

Amount in controversy immaterial in action under this section, see Historical and Revision Notes under section 1331 of this title.

Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under section 1332 of this title.

Venue of action for partition of lands where United States is tenant in common or joint tenant, see section 1399 of this title.

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