United States v. Yazell
Opinion of the Court
delivered the opinion of the Court.
This case presents an aspect of the continuing problem of the interaction of federal and state laws in our complex federal system. Specifically, the question presented is whether, in the circumstances of this case, the Federal Government, in its zealous pursuit of the balance due on a disaster loan made by the Small Business Administration, may obtain judgment against Ethel Mae
The impact of the quaint doctrine of coverture upon the federal treasury is therefore of little consequence. Even the Texas law which gave rise to the difficulty was repealed in 1963.
The Small Business Administration had a regional office in Dallas, Texas. As of December 31, 1963, the agency had outstanding in Texas, generally under the supervision of its Dallas regional office, 1,363 business loans and 4,172 disaster loans, aggregating more than $60,000,000.
On June 10, 1957, Mr. Yazell conferred with a representative of the SBA about a loan to enable him to cope with the disaster to his business. After a careful, detailed but commendably prompt investigation, the head of SBA’s Disaster Loan Office wrote Mr. Yazell on June 20, 1957, that authorization for a loan of $12,000 had been received. Yazell was informed that the loan would be made upon his compliance with certain requirements. He was told that a named law firm in Lampasas had been
Yazell and his wife “doing business as” Yazell’s Little Ages then signed a note in the amount of $12,000, payable to the order of SBA in Dallas at the rate of $120 per month including 3% interest. On the same day they also executed a chattel mortgage on their stock of merchandise and their store fixtures. By express reference to Article 4000 of the Revised Civil Statutes of Texas, the chattel mortgage exempted from its coverage retail sales made from the stock. The chattel mortgage was accompanied by a separate acknowledgment of Mrs. Yazell before a notary public, which was required by Texas law as a part of the institution of coverture. The notary attested, in the words of the applicable Texas statute, that “Ethel Mae Yazell, wife of Delbert L. Yazell . . . whose name is subscribed to the [chattel mortgage] . . . having been examined by me privily and apart from her husband . . . acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same . . . .” See Tex. Rev. Civ. Stat. Ann. Art. 6608. See also Art. 1300, 4618 (Supp. 1964), 6605. These statutes all relate to conveyances of the marital homestead.
The note, chattel mortgage and accompanying documents were in due course sent to the Dallas office of SBA. Both the Lampasas law firm engaged by SBA to assist Yazell and the Acting Regional Counsel of SBA certified that “all action has been taken deemed desirable ... to assure the validity and legal enforceability of the Note.” Thereafter, the funds were made available to Yazell pursuant to the terms of the loan.
From the foregoing, it is clear (1) that the loan to Yazell was individually negotiated in painfully particu
Next, it seems clear (1) that the SBA was aware and is chargeable with knowledge that the contract would be subject to the Texas law of coverture; (2) that both the SBA and the Yazells entered into the contract without any thought that the defense of coverture would be unavailable to Mrs. Yazell with respect to her separate property as provided by Texas law; and (3) that, in the circumstances, the United States is seeking the unconscionable advantage of recourse to assets for which it did not bargain. These points will be briefly elaborated before we reach the ultimate issue: whether, despite all of the foregoing, some “federal interest” requires us to give the United States this advantage.
It will be noted that the transaction was custom-tailored by officials of SBA located in Dallas and Lam-pasas, Texas, and undoubtedly familiar with Texas law. It was twice approved by Texas counsel who certified that “all action has been taken deemed desirable” even though no effort was made to cause Mrs. Yazell to have her incapacity removed under Texas law.
We now come to the basic issue which this case presents to this Court. Is there a “federal interest” in collecting the deficiency from Mrs. Yazell’s separate property which warrants overriding the Texas law of cover-ture? Undeniably there is always a federal interest to collect moneys which the Government lends. In this case, the federal interest is to put the Federal Government in position to levy execution against Mrs. Yazell’s separate property, if she has any, for the unpaid balance of the $12,000 disaster loan after the stock of merchandise and fixtures of the store have been sold, after any other community property has been sold, and after Mr. Yazell’s leviable assets have been exhausted. The desire of the Federal Government to collect on its loans is understandable. Perhaps even in the case of a disaster loan, the zeal of its representatives may be commended. But this serves merely to present the question — not to answer it. Every creditor has the same interest in this respect; every creditor wants to collect.
The Government asserts that this overriding federal interest can be found in the unlimited right of the Federal Government to choose the persons with whom it will contract, citing Perkins v. Lukens Steel Co., 310 U. S. 113, which is remote from the issue at hand.
The institution of coverture is peculiar and obsolete. It was repealed in Texas after the events of this case. It exists, in modified form, in Michigan.
We do not here consider the question of the constitutional power of the Congress to override state law in these circumstances by direct legislation
Each State has its complex of family and family-property arrangements. There is presented in this case no reason for breaching them. We have no federal law
The decisions of this Court do not compel or embrace the result sought by the Government. None of the cases in which this Court has devised and applied a federal principle of law superseding state law involved an issue arising from an individually negotiated contract. None of these cases permitted federal imposition and enforcement of liability on a person who, according to state law, was not competent to contract. None of these cases overrode state law in the peculiarly state province of family or family-property arrangements.
On the other hand, in the type of case most closely resembling the present problem, state law has invariably
Generally, in the cases applying state law to limit or condition the enforcement of a federal right, the Court has insisted that the state law is being “adopted” as the federal rule. Even so, it has carefully pointed out that this theory would make it possible to “adopt,” as the
Although it is unnecessary to decide in the present case whether the Texas law of coverture should apply ex proprio vigore — on the theory that the contract here was made pursuant and subject to this provision of state law — or by “adoption” as a federal principle, it is clear that the state rule should govern. There is here no need for uniformity. There is no problem in complying with state law; in fact, SBA transactions in each State are specifically and in great detail adapted to state law.
The decision below is
Affirmed.
Tex. Rev. Civ. Stat. Ann. Art. 4626. This section, as amended by Acts 1963, 58th Leg., p. 1188, c. 472, § 6, now gives to Texas wives the capacity to contract. Under old Art. 4626 a married woman could have her disability removed.
See note 1, supra.
The Court of Appeals by a vote of two to one affirmed the decision of the District Court in favor of the wife, based upon the Texas’ law of coverture. The action was instituted by the United States to recover the balance due on a note of approximately $12,000, secured by a chattel mortgage. The note was signed by both husband and wife. The mortgage had been foreclosed, the pledged assets sold, and a deficiency judgment was rendered against the husband in this same action. No appeal was taken by the husband.
In the discussion which follows, as specifically indicated by reference to “SBA file,” we have occasionally referred to the official file of the Small Business Administration on the Yazell loan to supplement the record with facts which disclose the agency’s practice.
SBA file.
Brief of the United States, p. 12.
SBA file.
SBA file.
SBA file.
See note 1, supra.
United States v. Belt, 88 F. Supp. 510 (D. C. S. D. Tex.) (suit held barred by coverture); Texas Water Supply Corp. v. Reconstruction Finance Corp., 204 F. 2d 190 (C. A. 5th Cir.) (case held within an exception to coverture).
SBA file.
The Ninth Circuit, in Bumb v. United States, 276 F. 2d 729 (C. A. 9th Cir.), aptly observed in response to a claim by the Small Business Administration that the “need for uniformity” excused it from complying with a California “bulk sales” statute requiring notice of intent to mortgage:
“It is true that the Small Business Administration operates throughout the United States, but such fact raises no presumption of the desirability of a uniform federal rule with respect to the validity of chattel mortgages in pursuance of the lending program of the Small Business Administration. The largeness of the business of the Small Business Administration offers no excuse for failure to comply with reasonable requirements of local law, which are designed to protect local creditors against undisclosed action by their local debtors which impair the value of their claims. It must be assumed that the Small Business Administration maintains competent personnel familiar with the laws of the various states in which it conducts business, and who are advised of the steps required by local law in order to acquire a valid security interest within the various states.” Id., at 738.
Brief for the United States, p. 11.
Contrast Clearfield Trust Co. v. United States, 318 U. S. 363. Compare also United States v. Helz, 314 F. 2d 301 (C. A. 6th Cir.), arising under the National Housing Act, 48 Stat. 1246, 12 U. S. C. § 1702 et seq., which issues separate forms for each State but does not negotiate with individual applicants. See United States v. View Crest Garden Apts., Inc., 268 F. 2d 380 (C. A. 9th Cir.), cert. denied, 361 U. S. 884.
In this case, the Yazells’ general creditors collected about 20% of their claims.
For example, Congress has provided for preference in the case of debts owed the United States on tax delinquencies. See 26 U. S. C. §§ 6321, 6323 (1964 ed.); 11 U. S. C. §104 (a) (4) (1964 ed.). 31
See pp. 354-356, infra.
The Government relies upon Perkins, at p. 127, for the proposition that the United States has “the unrestricted power ... to determine those with whom it will deal.” Brief for the United States, p. 9. Perkins had nothing to do with the question of the power of the United States to override state law declaring the incapacity of persons to contract. The Court there held that private companies alleging their right as potential bidders for government contracts lacked standing to challenge a federal statute requiring federal procurement contracts to include a minimum wage stipulation. The Government quotes the decision out of context, omitting the following italicized words: the Court stated that “Like private individuals and businesses, the Government enjoys the unrestricted power . . . to determine those with whom it will deal, and to fix the terms and
See note 1, supra.
It is worth noting that in the only situation where the United States’ power to choose its contractors might arise — where a married woman has separate property in respect of which she seeks or the Government offers a loan — the Texas law expressly provided for her power to contract and to bind her separate property. Tex. Rev. Civ. Stat. Ann. Art. 4614.
Mich. Stat. Ann. §§ 26.161, 26.181, 26.182, 26.183. See Koengeter v. Holzbaugh, 332 Mich. 280, 50 N. W. 2d 778; Weingarten, Creditors’ Rights, 10 Wayne L. Rev. 184 (1963).
Brief for the United States, p. 15, n. 10. The States are, in addition to Texas and Michigan: Alabama, Arizona, California, Florida, Georgia, Idaho, Indiana, Kentucky, Nevada, and North Carolina. With the exception of Michigan, see n. 22, supra, none of these States other than Texas has a coverture rule applicable to facts such as those presented by this case.
In California a wife has full capacity to contract. Cal. Civ. Code § 158. Her separate property is liable for her own debts, as are her earnings. Cal. Civ. Code §§ 167, 171. However, in connection with California’s community property law governing the management and control of community property, see Cal. Civ. Code (Supp. 1964) §§ 172, 172a, the community property is generally not subject to the debts of the wife. Cal. Civ. Code § 167. See also Ariz. Rev. Stat. Ann. § 25-214; Nev. Rev. Stat. § 123.230.
The Government's argument, if accepted by this Court, would cast doubt, in addition, on state laws preventing wives from conveying realty without the consent of their husbands — see, e. g., Ala. Code Tit. 34, §73; Fla. Stat. Ann. (Supp. 1964) §708.08; Ind. Ann. Stat. §38-102; Ky. Rev. Stat. §404.020 (executory sales contract) ; N. C. Gen. Stat. § 52-2 — or from acting as guarantors or sureties — see, e. g., Ga. Code Ann. § 53-503; Ky. Rev. Stat. § 404.010.
See, e. g., United States v. Bess, 357 U. S. 51, which held that the exemptions from execution to satisfy federal tax liens provided in § 3691 of the Internal Revenue Code of 1939 (now 26 U. S. C. § 6334) are exclusive of state exemptions.
See, e. g., United States v. Shimer, 367 U. S. 374 (Pennsylvania rule precluding mortgagee who buys mortgaged property at foreclosure from seeking deficiency judgment held inconsistent with scheme of Veterans Administration regulations under which mortgage issued).
On the contrary, in De Sylva v. Ballentine, 351 U. S. 570, the Court applied state law to define “children” although the issue arose in connection with the right to renew a copyright — a peculiarly federal area. Cf. Reconstruction Finance Corp. v. Beaver County, 328 U. S. 204; Commissioner v. Stern, 357 U. S. 39. We do not regard Wissner v. Wissner, 338 U. S. 655, as an exception. There California sought to apply its community property rule that a wife has a half interest in her husband’s life insurance if the premiums come out of community property (his earnings), in derogation of the federal statutory policy that soldiers have an absolute right to name the beneficiary of their National Service Life Insurance. The Court held
The Court held that a state tax rule under which movable machinery was part of the realty of a manufacturer for purposes of an ad valorem property tax could not be applied so as to subject a manufacturer renting the machinery from the United States to such an enhancement of the value of its realty. The Court held that the title to the machinery was in the United States, and was effective to protect the machinery from local taxes. But compare Reconstruction Finance Corp. v. Beaver County, 328 U. S. 204.
The statute involved in D’Oench, Duhme is now the Federal Deposit Insurance Act, 64 Stat. 873, 12 U. S. C. § 1811 et seq. (1964 ed.).
See also Custer v. McCutcheon, 283 U. S. 514. Rule 69 provides that procedure on execution shall be “in accordance with the practice and procedure of the state in which the district court is held . . . except that any statute of the United States governs to the extent that it is applicable.” With the one exception of federal tax cases, see n. 26, supra, state execution procedure seems to be applied without question, even in suits by the United States. See, e. g.. United States v. Harpootlian, 24 F. 2d 646 (C. A. 2d Cir.) (applying state law on the time within which examination can be had of a judgment debtor after an execution against him is returned unsatisfied, over an objection by the Government that this was an improper application of a statute of limitations to the sovereign); United States v. Miller, 229 F. 2d 839 (C. A. 3d Cir.) (Pennsylvania prohibition of garnishment of future debts of garnishee to debtor).
In Texas, the value of the homestead that is exempt from execution is $5,000, as of the time of its designation as a homestead and without reference to the value of any improvements, Tex. Rev. Civ. Stat. Ann. Art. 3833; Tex. Const. Art. 16, §§50, 51. In Tennessee and Maine, the homestead exemption is $1,000, Tenn. Const. Art. 11, §11; Me. Rev. Stat. Ann. Tit. 14, §§4551, 4552; in California, it is $15,000 for the head of a family, $7,500 for all others, Cal. Civ. Code §§ 1240, 1260 (Supp. 1964); cf. Cal. Const. Art. 17, § 1. If Mrs. Yazell’s separate property were a homestead under Texas law, she might have been able to defeat execution on the judgment that might have been entered against her in this suit to a far greater degree than some other debtor to the SBA could who happened to
Other exemptions from execution vary similarly. For example, Texas, Maine and California provide for detailed personal exemptions. In Texas, a family is exempt not only as to its homestead, but also its furniture, cemetery lot, implements of husbandry, tools and books of a trade, family library and pictures, five cows and their calves, two mules, two horses, one wagon, one carriage, one gun, 20 hogs, 20 sheep, harness, provisions and forage for home consumption, current wages, clothing, 20 goats, 50 chickens, 30 turkeys, 30 ducks, 30 geese, 30 guineas, and one dog. A somewhat less extensive list is provided for persons who are not constituents of a family. Tex. Rev. Civ. Stat. Ann. Art. 3832, 3835. Cf. also Me. Rev. Stat. Ann. Tit. 14, §4401; Cal. Civ. Proc. Code §§690-690.52 (1955 ed. and Supp. 1964). Texas also has other special protections, including a provision applicable to ferrymen, saving to them their ferryboat and tackle, Tex. Rev. Civ. Stat. Ann. Art. 3836.
Rule 64, adopting state provisional remedies for security in advance of judgment, can lead to the same kind of diversity as does Rule 69. Cf. De Beers Consolidated, Mines, Ltd. v. United States, 325 U. S. 212. State provisional remedies vary greatly. See 7 Moore’s Fed. Prac. ¶ 64.04 [3].
“In our choice of the applicable federal rule we have occasionally selected state law.” Clearfield Trust Co. v. United States, 318 U. S. 363, 367. The Court observed in Clearfield that the difficulty of determining which state rule to apply could be a persuasive argument in favor of a federal rule. Ibid. No such difficulty exists here, of course.
In Royal Indemnity Co. v. United States, 313 U. S. 289, cited by the Government for the proposition that “the rights of the United States under contracts entered into as part of an authorized nationwide program are to be determined by federal and not by State law,” Brief for the United States, p. 7, the Court, while insisting that “the rule governing the interest to be recovered as damages for delayed payment of a contractual obligation to the United States is not controlled by state statute or local common law,” 313 U. S., at 296, nonetheless held that the statutory rate prevailing in the State where the obligation was undertaken and to be performed was a suitable one for adoption by the federal courts. Cf. also Board of Commissioners v. United States, 308 U. S. 343.
The Financial Assistance Manual of the Small Business Administration, SBA-500, is replete with admonitions to follow state law carefully. Thus §401.03 reads:
“Compliance with Applicable Laws. When the United States disburses its funds, it is exercising a constitutional function or power and its rights and duties are governed by Federal rather than local law. However, it is frequently necessary, in the obtaining of a marketable title or enforceable security interest in property, to follow
See also, e. g., §§ 401.06, 402.04, 403.03, 404.01, 404.02, 406.02, 407.03, 407.04 (“State laws vary as to the dominion a lender must exercise over assigned accounts receivable. ... In drafting servicing provisions . . . counsel should carefully consider the applicable laws of the State . . . .”), 408.01, 410.08 (“In order to guard against this Agency’s liability for payment of insurance premiums under the standard mortgagee clause in any state the law of which . . . makes the mortgagee so liable, the regional director shall . . . .”), 706.01. Section 1008.03 authorizes a Regional Director of SBA, “In instances where a disaster area is distantly located from the Regional office and where speed and economy of administration make such procedure advisable,” to recommend to the General Counsel that “local counsel be appointed and that he be authorized to rely on such counsel for all legal matters and closing opinions.” See, in addition, 13 CFR (1965 Supp.) § 122.17.
Concurring Opinion
concurring.
I join the Court’s opinion with a single qualification, namely, that I place no reliance on any of the particularities of the negotiations between the parties respecting this loan. In my view the conclusion that Texas law governs the issue before us is amply justified by the Court’s appraisal of the competing state and federal interests at stake, irrespective of whether the parties negotiated with specific reference to Texas law.
Dissenting Opinion
dissenting.
Because I think the dissenting opinion of Judge Pretty-man in the Court of Appeals gives a more accurate picture of the relevant facts and issues in this case than does the opinion of the Court, and because I agree with the legal conclusion Judge Prettyman reached for the reasons he gave, I set out his dissent below and adopt it as my own.
“Mrs. Yazell and her husband, trading as a partnership, borrowed money from the Federal Government through the Small Business Administration. They signed a note for the loan. They also signed, as security for the loan, a chattel mortgage on the merchandise in their store. They could not pay, and the Government foreclosed on the security. A deficiency remained. The Government sued on the note, praying judgment for the balance of the loan. Mrs. Yazell moved for summary judgment on the ground that she is a married woman and so, in Texas, no personal judgment and no judgment affecting her separate estate can be rendered against her, with a few exceptions not here material. The District Court judge agreed with her, and so do my brethren on this court. I am contrari-minded.
“A loan from the Federal Government is a federal matter and should be governed by federal law. There being no federal statute on the subject, the courts must fashion a rule. This is the clear holding of Clearfield Trust Co. v. United States.1
“To effectuate the policy of the Small Business Act, loans of many hundreds of thousands of dollars each year to businesses must be made throughout the country. These loans can be made only under*360 conditions which will reasonably assure repayment.2 I think the Act should be of uniform application throughout the country. If local rules are to govern federal contracts in respect to the capacity of married women to contract, so too should local rules as to all other features of contractual capacity govern such contracts. Chaos which would nullify federal programs for disaster relief would arise. And of course there is no reason to restrict this decision to loans under the Small Business Act. It would necessarily apply with equal force to every other federal program which involves contracts between the Federal Government and individuals. A multitude of programs will be frustrated by it.
“It seems to me that, if a person has capacity to get money from the Federal Government, he has the capacity to give it back. The present lawsuit does not involve a general liability for debt; it involves merely the obligation to repay to the Government specific money borrowed from the Government. It seems to me that if a person borrows a horse from a neighbor he ought to be required to give it back if the owner wants it back, whether or not the borrower is a married woman. I suppose the Texas law, by nullifying repayments by married women, tends to minimize ill-advised borrowing. But I think the federal rule ought to be that you must repay what you borrow.
“It seems to me that United States v. Helz3 was correctly decided by the Sixth Circuit and that it applies here. I would follow it.” 334 F. 2d 454, 456.
"1 318 U.S. 363 .. . (1943).”
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