Lloyd R. Stubbs, Individually and as Administrator of the Estates of John R. Stubbs and Mary E. Stubbs v. United States

HOLLOWAY, Circuit Judge.

This is a quiet title and partition suit by plaintiff-appellant Stubbs as an individual and administrator against the Government involving a tract of approximately 80 acres of land in Utah County, Utah. The district court granted summary judgment in favor of the Government and plaintiff appealed. 1

Two main questions are presented: (1) whether the plaintiff-appellant’s quiet title claim is barred by the 12-year limitation of 28 U.S.C. § 2409a(f); and (2) whether a substantial dispute as to plaintiff-appel lant’s title prevents his assertion of a partition claim against…