Fredericks v. Fredericks
2016 ND 234
| N.D. | 2016Background
- In 1985 Paul and his wife executed a quitclaim mineral deed that purported to transfer their Dunn County (Fort Berthold reservation) mineral interest to their father, Kenneth, “as joint tenants,” but the deed named only Kenneth as grantee.
- Kenneth, Paul, and Lyndon were enrolled members of the Three Affiliated Tribes but did not reside on the reservation during the relevant period.
- Kenneth died in 1988; his fee-simple mineral interest was later administered in state probate (2001) and a personal representative’s deed transferred the minerals to Lyndon; Paul was not given notice of the 2001 probate.
- In 2012 Lyndon conveyed the mineral interests by warranty deed to Bole Resources and others (non-Indians).
- Paul sued in state court (2012) to reform the 1985 deed and quiet title; the district court reformed the deed in Paul’s favor, held the Bole defendants not to be good-faith purchasers, awarded the Bole defendants contract damages against Lyndon (breach of warranty) plus interest and attorney fees, and denied Lyndon’s jurisdictional challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction | State court may adjudicate because the land is fee land and tribal court lacks jurisdiction | Lyndon: tribal-member status and reservation location divest state court jurisdiction | State court had jurisdiction; Montana exceptions and tribal jurisdiction did not apply; Williams v. Lee test satisfied |
| Reformation of deed (mutual mistake) | The 1985 deed contained an obvious error; parties intended Paul to be joint tenant with Kenneth | Lyndon and Bole: Paul failed to prove mutual mistake and credibility issues undermine claim | Court found clear and convincing evidence of mutual mistake; reformation justified (findings not clearly erroneous) |
| Good-faith purchaser status of Bole defendants | Paul: the deed’s obvious error put purchasers on inquiry notice; Bole failed reasonable inquiry | Bole: relied on title examination/experts and acted in good faith | Bole defendants were not good-faith purchasers; constructive notice charged for failing to investigate obvious discrepancy |
| Laches / equitable defenses | Paul: laches inapplicable because Lyndon concealed probate and did not have clean hands | Lyndon/Bole: Paul waited too long and claim barred by laches | Laches rejected: Lyndon concealed proceedings and Bole were not good-faith purchasers, so equitable defenses unavailable |
Key Cases Cited
- Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) (fee land sales to non‑Indians fall outside tribal jurisdiction; Montana exceptions do not apply)
- Montana v. United States, 450 U.S. 544 (1981) (two exceptions allowing tribal regulation of nonmember conduct on reservation fee land)
- Williams v. Lee, 358 U.S. 217 (1959) (state-court jurisdiction inquiry: whether state action infringes reservation Indians’ right to self-government)
- Three Affiliated Tribes v. Wold Engineering, 476 U.S. 877 (1986) (state courts should provide forum for Indians to seek relief against non‑Indians when tribal courts are unavailable)
- Brendale v. Confederated Tribes & Bands of Yakima Nation, 492 U.S. 408 (1989) (tribal regulatory authority over fee land is limited)