Brookbank, Inc. v. Hubbard

712 F.2d 399 83-2 USTC P 9507 BROOKBANK, INC., a Washington corporation, Plaintiff-Appellant, v. Richard H. HUBBARD and Germaine G. Hubbard, husband and wife, The United States of America, United States Gypsum, Defendants-Appellees. No. 82-3277. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1983. Decided Aug. 1, 1983. Laurel L. Tiller, Moore, Tiller, Fagerness & Wheeler, Centralia, Wash., for plaintiff-appellant. Gilbert S. Rothenberg, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington. Before WALLACE, ANDERSON, and SCHROEDER, Circuit Judges. SCHROEDER, Circuit Judge: 1 The United States government filed tax liens on the property interest which Richard and Germaine Hubbard held as purchasers, under a real estate sales contract, in the state of Washington. The contract provided that the seller would retain title until the entire purchase price was paid. The purchasers defaulted and the seller, plaintiff-appellant Brookbank, declared a forfeiture of their interest pursuant to the provisions of the contract. Brookbank then filed this quiet title action to extinguish the…