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United States ex rel. Levey v. Stockslager was a Supreme Court case decided in 1871. The case involved a dispute between the United States and a private individual, John Levey, over the ownership of a tract of land in the state of Ohio. Levey had purchased the land from the United States in 1854, but the United States later claimed that the land had been improperly sold and sought to reclaim it. Levey argued that the United States had no right to reclaim the land, as he had purchased it in good faith and had paid the full purchase price. The Supreme Court ultimately sided with Levey, ruling that the United States had no right to reclaim the land. The Court held that the United States had failed to prove that the sale of the land was improper, and that Levey had purchased the land in good faith and had paid the full purchase price. The Court also held that the United States had failed to prove that Levey had acted in bad faith or had otherwise acted improperly in the purchase of the land. As a result, the Court ruled that the United States had no right to reclaim the land from Levey.
In the case of United States Ex Rel. Levey v. Stockslager, Justice Black delivered a dissenting opinion in which he argued that the majority had failed to properly consider the facts and law of the case before them. He noted that while it was true that Congress had not specifically authorized suits against state officers for violating federal laws, this did not mean such suits were necessarily barred by sovereign immunity principles. Rather, Justice Black argued that there were numerous cases where courts had allowed such suits when they involved violations of constitutional rights or other fundamental interests protected by federal law. In this particular instance, he believed there was sufficient evidence to support a claim against Stockslager for his alleged violation of federal statutes and regulations governing military pay and allowances; thus, he concluded that dismissal on grounds of sovereign immunity should have been denied in this case as well.