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Saber8:
Please specify your meaning of Assignee. What type of patent was originated in 1910? Under what Congressional act was the original patent issued? In what state was it issued?
You have indicated that the patent has been brought forward in your name. I take it to mean that you have filed a 'declaration of patent' and when there was no contest, you filed it in the county records. This is all well and fine, however, the county of record has no authority to modify an original patent, only the Department of the Interrior has that authority, and then only in limited situations.
Remember, the land was originally ceded to the Feds when the territory became a state. The state lost all vested interest in the land, and subsequently when the Feds relinquished control of the land to the original patentee, it also lost all regulatory control over the land with the exception of any mineral reservations if they were declared to be reserved in the original patent. Therefore the feds have no executive branch authority to amend their records. That authority must come either from a judiciary ruling, or another act of congress.
If you are accurate in your assertion that all preliminary notifications have been met, and there were no challenges, then you must seek an order from the chancery court of your county to provide you with a court ruling to declare the property as yours. If you have accomplished this, then you also must notify the Secretary of the department of the interrior of the Judicial ruling, and request that the original patent be rescinded (cancelled) and a new patent issued in your name. Remember the original stated that the land belonged to John Doe and his heirs FOREVER. Thus the necessity to remove the title from the original owners name.
I would like to hear more about the process that you have followed.
Jerry.
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