Johnson v. McAdoo (45 App. D.C. 440)

A bill in  equity against the  Secretary of the Treasury to establish an  equitable lien upon a fund in his custody by virtue of his office, such as a fund derived from the sale of cotton seized by the United States during the Civil War, is not maintainable, as the read defendant is the United States,  which cannot be sued without its consent.

No. 2918. Submitted October 6, 1916. Decided November 14, 1916.

Hearing on an appeal from a decree of the Supreme Court of the District of Columbia dismissing an amended bill in equity to establish a  lien upon a fund in the custody of the defendant, the Secretary of the Treasury.

 Affirmed.

The facts are stated in the opinion.

Mr. C. J. Jones for the appellants. Mr. John E. Lasky, United States District Attorney, and Mr. M. C. Van Fleet, Special Assistant, for the appellee.  Mr. Justice Robb delivered the opinion of the Court.