which is simply better or stronger than another, or will prevail over it." LANDI: That's rights. [134]. However, the Births and Deaths Registration Act 1873 and subsequent amendments etc., are all suspended under the Geneva Convention 1930, due to the international bankruptcy. For Gods' sake, WAKE UP!!!" Before we get into what Allodial Titles, and Land Patents are, let's go to the first U.S. Supreme Court case on land titles for a clearer and basic understanding as to what our forefathers established through their experience and sacrifice for their progeny. It is important to learn the answers to these questions before vesting title, because to choose the California title-vesting option thats right for you, you will need to consider a variety of factors, including your marital status and ownership interest, the type of property in question, tax implications, and your estate planning goals, among other things. In the mean time the first half-year's ground-rent falling due July 1st 1839, was paid by the Harmstads without any knowledge of the alteration. The province was a fief hold immediately from the Crown, and the Revolution would have operated very inefficiently towards complete emancipation, if the feudal relation had boon suffered to remain. Gadsden Purchase, 10 Stat. Sole ownership occurs when title is vested in a single person or single entity. That of course led to collecting and reading books and information about mining claims and U.S. regulations on [88] mining claims from the Bureau of Land Management (BLM). 26. At first blush it would appear that this is the same title as "allodial;" deaned as: Free, not holden to any lot or superior; [Black's Law Dictionary] [122], In order to discover the legal distinction between the terms "allodial", and "fee simple absolute," we must define the word "estate as used in the definition of "fee simple absolute. If you do not pay that rent or tax, you will be removed from it and it will be "sold" to someone who will pay. ACRES U.S. A.: How did the Act of Congress, March 3, 1851 figure in all of this? (Md.) LANDI: We told the banks that, my federal land patent granted land only, and that is all I am claiming is land. Her patents all acknowledge a pecuniary consideration, and they stipulate for no fealty, no escheat, rent-service, or other feudal incident. However, instead of just sending in $10 as Gritz suggests and You've got your federal land patent on the bottom. [130], Authorities hold that to render a title marketable, it is not only necessary that it shall be free from reasonable doubl; in other words, that a purchaser is not entitled to demand a title absolutely free from every possible suspicion. You own the land. [181]. You see, this man could sue the bank. We need not take theirs into consideration. 3d 899 (Ill. App. (Thomas' ed.) Further, Senator King from New York stated: He considered the change as highly favorable to the poor man and he argued at some length, that it was calculated to plant in the new country a population of independent, unembarrassed freeholders that it would cut up speculation and monopoly; that the money paid for the lands would be carried from the state or country from which the purchaser should remove; that it would prevent the accumulation of an alarming debt, which experience proved never would and never could be paid. (14) Gordon v Sullivan, 188 F. 2d 980 982 (1951); See also Brown v Petersen, 25 App. An email has been sent to with a link to confirm list signup. The founding fathers knew free men could survive only as long as they owned allodial title to property, because it is this type of ownership that accounted for broad spectrum distribution of income and preservation of the common law jury system, which they referred to as the "palladium," or the very comer stone, of liberty. The truth is, that this obligation, which is reciprocal to the right of protection, results out of the political relations between the government and the citizen, and bears no relation whatever to his land titles any more than to his personal property. She enjoys her role as a researcher because it keeps her in touch with the real scholarship of the profession. 11. Mrs. Wallace having executed a distress, was sued in this action of replevin, when she avowed for rent in arrear, as reserved by one of the four deeds which were the subjects of animadversion in the above cited cases. [Cummings v Dolan, 52 Wash. 496, 100 P. 989 (1909)]. land, buildings, and fixtures) is owned free and clear of any superior landlord and not subject to the feudal obligation. How do I know this land patent, that you're talking about, did not come under my jurisdiction? Cadastral Certificate: This is a document which indicates all technical data of a property, including it's location, lot surface, the cadastral value of the property, and more. Let me try to state it distinctly. Life went on as usual with no clues to the fact that all property had been hypothecated to the Board of Governors of the Federal Reserve; and as trustees. Everything on appeal is done in writing, as there are no oral arguments allowed. But then it's a 'Catch 22 Situation'. It is thus opposed to "feud.". However, there are exceptions. This was the oath of fealty which was, according to Sir Martin Wright, the essential feudal bond so necessary to the very notion of a feud. Each of these, however, is actually a color of title. That right depended not on contract, or the terms of the reoffment, but was a condition of the tenure. (20) Roberts v McFadden, 32 Tex. To further strengthen a color of title holder's position, courts have held that the good faith of the holder of a color of title is presumed in the absence of evidence to, the contrary. The buyers built homes on the land and paid taxes on it. The Louisiana Purchase, of course, was the Treaty with France. More importantly, it secured in them a right to own land absolutel in perpetuity. The courts have consistently said, NO. For instance: department for transportation, the postal service, education, national health service, fire department, police department and so forth. It doesn't matter whether you're an heir, It doesn't matter whether you were an assign. Thus, a color of title does not mean the actual title, nor does the question of notice of outstanding title effect a color of title. 43 USC 59 establishes duly certified copies of federal land patents shall be evidence in all cases where originals would be evidence. Invalid password or account does not exist. This is because the property is "sold" under color of law, and not according to the Common Law. They've got maybe 50 heartbreakers out in the yard to seize his equipment and to take him off in cuffs if he resists. 75, (1862) (the Homestead Act); 9 Stat. Treaty Of Cession, 8 Stat. When something is modified new "seats" will arise. Well hang on, we're getting warm. According to conservative estimates, possibly half a million U.S. farmers will be driven from the land in the next several years. Jur. 392, 37th Cong., Sess. This includes $4.25 for the patent plus a search fee. In the case of the Department of Motor Vehicles, the Number Plate, Registration, Certificate of Title, and Driver's License must be enclosed with the Affidavit, etc.. 1976)]. Since Land Patents cannot be collaterally attacked as to their "Validity" or "Authenticity" as the highest evidence of title; Federal Land Patents were given free and clear 'ALLODIAL Title' with no encumbrances, then and now. Because the specifics of your situation determine which, is ideal, it is best to speak with a lawyer, who can present you with the advantages and disadvantages of each. [110] This term "rent-service" is feudal language, as we have seen, and yet there is nothing in the application of such terms to determine the quality of the tenure; for Cruise tells us, 1 Digest 7, that the circumstance of annexing a condition of military service to a grant of lands does not imply that they are held by a feudal tenure for the possessors of allodial property, who were called in France liberi homines, were bound to the performance of military service. However, the money lenders found a way around land patents by creating, new paper instruments like deeds of trust and mortgages, all of which convey equitable interests. If co-owners want to create a Joint Tenancy, they must expressly declare so in the deed. The bureau of Land Management, I believe, will charge a dollar or so to certify. Our site is the place to be at if you want to get access to and download this form. www.riseofthemoors.orgTaj Tarik Bey - Allodial Title - Claim of estate - https://www.youtube.com/watch?v=DVDEszYxxg0Believing that this Declaration is a furt. LANDI: I think the problem that you're having out there right now is getting the patent recognized in court. Is the right of survivorship automatic? 409 (1944); Heineman v Hermann, 52 N.E. That Statute is 3 Stat. Under the Acts of Assembly I have alluded to, the state became the proprietor of all lands, but instead of giving them like a feudal lord to an enslaved tenantry, she has sold them for the best rice she could get, and conferred on the purchaser the same absolute estate she held herself, except the fifth of gold and sliver, and six acres in the hundred for roads, and these have been reserved, as everything else has been granted, by contract. The usual cost of a patent copy is $1.35 a page, she said. as "feod", "feodum", "feudom", "fief", or "FEE". County recorders and Bureau of Land Management offices have been Q. Also, Dennis Schlueter of Fort Collins, Colorado has stated: he knows of banks who are foreclosing on mortgages, that are then filing these DECLARATIONS OF LAND PATENTS on the property that they just foreclosed on. Now, if the state was not paramount lord of the lots which Arrison possessed, how could he become the lord of his grantee? Freddie Mac? Without Speculation, industry will cause private capital to increase and tend [124] to improve the condition of Agriculture by freeing the land from indebtedness for loans by the land banks. We have not thought it worth while to consider the case in connection with the Statute of Frauds and Peduries, for if that statute should be found to be applicable, it would only bring us to the conclusion which we reach without it. * = To abide by, decided cases. '', But "Allodial title has no basis in American law,'' Olsson said. Thomas Jefferson wrote: "If the American people ever allow the banks to control issuance of their currency, first by inflation and then by deflation, the banks and corporations that grow up around them will deprive the people of all property until their children will wake up homeless on the continent their fathers occupied." Example, a wife filing a Quit Claim Deed to her husband and in it assigning her interest in the Land Patent to her husband. All feudal land patents in this area also flow from treaty law. We go over the various ways to hold title in California below. I 0). You must also know the difference between paying and discharging a debt. The state had no jurisdiction over the federal land patent and the court said, oh really? "Land Patents" are. More Eminent domain and land use law Property title Real estate Ask a lawyer - it's free! However, the sheriff's counsel advised him to go ahead with the Sheriff's Sale anyway. Error! Strictly speaking, in regards to land, we go to yet another definition, and that is of land being held in ALLODIUM, as- [85] "Land held absolutely in one's own right, and not of any lord or superior; land not subject to feudal duties or burdens. It is all so simple, you can expect judges to be confounded by it; as the scriptures say, "God takes the foolish things of the world to confound the wise, and God *takes the weak things of the world to confound the strong. However, the land patent its remains the highest title at law, and few persons have updated a land patent in their name. 46, quoting Wright's Law of Tenures 35: "Fealty, the essential feudal bond, is so necessary to the very notion of a feud, that it is a downright contradiction to suppose the most improper feud to subsist without it; but the other properties or obligations of an original feud may be qualified or varied by the tenure or express terms of the feudal donation.". I suspect that the only problem the farmers are having with the courts is purely procedural. of a patent to anyone who pays for one, according to Sally ACRES U.S.A.: What about that Mexican family that owned land in New Mexico? Information on this site and your receipt or use of it (1) does not create an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified real estate attorney in Los Angeles. Here is what you do. The lagoon became part of the united States following the war with Mexico, which was formally ended by the Treaty of Guadalupe Hidalgo in 1848. I. (see Art. I have not searched out the HJR as yet, although the HJR would be a simple matter to locate in the United States Statutes by year of annexation, month and day in the statutes. We use cookies to ensure that we give you the best experience on our website. automobiles). To prevent this from happening, you must write in your Declaration of Land Patent only the legal description of the property to which you are an assignee. Baron Gilbert, in his excellent little work on the "Law of Replevins, " tells us that the distress came from the civil law into the common law, and that there appear no footsteps of it in the feudw authors. A. This "Citizen", having an interest in the basic land/title issue, and fully understanding the principles involved, the truth that "we are merely serfs upon the land," that no one really owns their land, and having no need to participate in "their" deceitful fraud has turned his energy toward other interests. Under common law, joint tenancy could only be created under a single will or transfer. Therefore, every federal land patent in every state thereof flows from that treaty. [156]. [B] (24). No one can attack a federal land patent. Please bear with me, my leading is not in vain! When you use Gold and Silver coin to pay a debt, it is paid in full. The Patent was and is the document and law that protects the settler from the merciless speculator from@the people that use avarice to unjustly benefit themselves against an unsuspecting nation. Similarly, if a couple gets divorced, each spouse will only be entitled to 50% of the property, subject to some exceptions. This was done through grant or purchase. that is ultimately used will depend upon the nature of the transfer being carried out. I 1; 10008 East 60th Terrace, Kansas City, Mo. Certified federal land patents were given free and clear title with no encumbrances- then or now! Wilcox v Jackson, 13 Peter (US) 498. Thus, "fee simple absolute" is an over broad, catch-all, phrase that encompasses all interests in land from allodial down to naked possession. [109]. 77, (1812); 2 Stat. Sect. Beadle v Smyser, 209 US 393. You don't file one on your neighbor's property or they can sue you for slandering his title. A. 724 (1904). Under our Constitution treaties become the supreme law of the [155] land. LANDI: This was a treaty between Mexico and the United States in which the U.S. paid $10 million dollars in gold coin to Mexico for that southernmost strip of New Mexico, The treaty is significant because it refers back to the Treaty of Guadalupe Hidalgo and conferred all the same rights and privileges to citizens of that territory as in the 1848 treely. To simplify, one can have two different and opposite titles of land, one of 'Feudal, nature - owing a fee or duty to another who actually retains or own the land or the other being 'Allodial', Where the land is held absolutely in one's own right, not subject to another, a fee or a duty! Now on to Land Patents- Because all Federal Land Patents flow from Treaties that fall under the "Supremacy Clause," no State, private banking corporation or other federal agency can question the superionty of title to land owners who have perfected their land by Federal Land Patent. 11, Ch. The right to use the land does not grant absolute title. 829, defines Grant as a conveyance(? All Rights Reserved. What is allodial title? ALL STATE COURTS LACK JURISDICTION OVER FEDERAL LAND PATENTS, TREATY LAW = Superior Status can NOT be overruled even by U.S. Supreme Court! ACRES U.S.A.: But you see the judges in these equity courts are not looking at it that way. Your purchase was successful, and you are now logged in. Many people, with good intentions, support the schools, to a point, irrespective of the poor quality (the results) and the underlying goals of such controlled education.

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