Richard E. McClellan and Muriel McClellan v. James L. Kimball

INTRODUCTION

The McClellans, private landowners, filed an ejectment action in state court against Kimball, a U.S. Forest Service supervisor. The action was removed to federal district court and dismissed on the ground that the Quiet Title Act, 28 U.S.C. § 2409a, was the McClellans’ sole remedy. The McClellans argue that this case is controlled by our holding in Ritter v. Morton, 513 F.2d 942 (9th Cir.), cert. denied, 423 U.S. 947 , 96 S.Ct. 362 , 46 L.Ed.2d 281 (1975). In Ritter , we stated that, in an action against a federal officer in which title to property is disputed, the district court must first determine who held “apparent” title to the property. Because the district court lacked jurisdiction, we find it unnecessary to address this issue. We affirm.

FACTS

The McClellans are owners of land (Maxwell Homestead) adjacent to the Apache-Sitgreaves National Forest in Apache County, Arizona. In 1884 a government survey established the boundaries of the property. In 1906 the McClellans’ predecessors in interest purchased the property from the United States.

A government resurvey was completed in 1936. This resurvey shifted the boundary of the Maxwell Homestead about 100 feet…