Amoco Production Co. v. United State

619 F.2d 1383 (10th Cir. 1980)

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Nature of the Case

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Facts

Amoco (P) brought an action to quiet title to certain mineral rights. The main question in the action was whether, as the government (D) claimed, the Federal Farm Mortgage Corporation (FFMC) had reserved a one-half mineral interest in property sold in 1942. D claimed that this interest was already reserved in the 1942 deed conveying the land to the Newtons. However, the original deed and all copies other than the recorded version kept in the Summit County Recorder's Office were lost. The version in the Office did not show this reservation. D wanted to prove that FFMC always reserved this right in any property that it transferred, and offered oral evidence that since this was FFMC's practice, the original deed must have contained this reservation. Summary judgment was granted in favor of P. D appealed, claiming that the trial court erred when it excluded all evidence proffered bearing on the contents of the 1942 deed. The exclusion was based on P's argument that the recorded version of the deed fell within Federal Rule of Evidence 1005, which authorizes the admission of certified copies of public records, and that it precluded admission of any other evidence of the contents of the deed.