Smale v. Noretep

¶1 The Smales sought to quiet title to property they claimed they had acquired through adverse pos*477session and named Noretep, the original non-Indian owners, as defendants. After the Smales sued, Noretep deeded the disputed property to the Stillaguamish Tribe of Indians (Tribe), and the Smales named the Tribe as a defendant. In its unsuccessful motion to dismiss, the Tribe claimed that tribal sovereign immunity deprived the superior court of subject matter jurisdiction. Because courts exercise in rem jurisdiction over property subject to quiet title actions, our Supreme Court has held that…