Ramsey v. U.S., 87-4424

Decision Date09 June 1989
Docket NumberNo. 87-4424,87-4424
Citation877 F.2d 64
PartiesUnpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Josephine RAMSEY, for herself and on behalf of All Others Similarly Situated, Plaintiff-Appellant, v. UNITED STATES of America, Donald P. Hodel, as Secretary of the Interior, the District Court of the Second Judicial District of the State of Idaho in and for the County of Nez Perce; Lewiston Orchards Irrigation District, Defendants-Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Harold L. Ryan, District Judge, Presiding.

Before GOODWIN, WRIGHT and WILLIAM A. NORRIS, Circuit Judges.

MEMORANDUM **

The issue in this case is whether, under the Quiet Title Act, 28 U.S.C. Sec. 2409a(f), Josephine Ramsey's predecessors in title "knew or should have known" of the claim of the United States to the disputed property twelve years before this action was commenced in 1985. We apply a test of reasonableness to the question whether someone "should have known" that the government was asserting an adverse interest in property. State of California v. Yuba Goldfields, Inc., 752 F.2d 393, 396 (9th Cir.1985).

The undisputed facts show that the United States had recorded a deed with the Nez Perce County Recorder indicating the United States as holding title to the 54-acre parcel; that the parcel has been operated by LOID as an irrigation district for many years, with the assistance of the United States from 1948 to 1951; and that the probate order sent to Mazie Ramsey in 1972 expressly excluded the parcel from the trust estate in allotment 267.

These facts, combined, gave notice to Josephine Ramsey's predecessors that the United States had an adverse claim to the 54-acre parcel. Under Idaho law, a recorded instrument gives effective notice to all persons who acquire an interest in the property after the recording. Lockhart v. B.F.K., Ltd., 691 P.2d 1248, 1251 (Idaho App.1984). The United States' deed, recorded in 1948, gave notice of the government's interest to Mazie Ramsey, who inherited the trust estate in 1971. In addition, the 1972 probate order, which explicitly excluded the disputed parcel from the trust estate, signaled to Mazie Ramsey that she owned no interest in the parcel. Finally,...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT