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<font color=darkblue face=tahoma>The following information is taken mostly from a book entitled "Allodial Title Via Land Patents" by Joe Stevens, M.S. Sui Juris
I will first transcribe details of the process as described in the book, then I will list various court cases in support/defense of the patent as true allodial title.
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<div style="font-size: 20px; font-weight: bold;">How to Do It</div><table id=MYTABLE valign="top" border="0" cellspacing="4" cellpadding="0"><tr><td valign="top">
First*** </td> <td valign="top">
Procure the legal description of your*piece*of ground.*
If you do not have it, you can get it at the assesor's office, or at*the nearest title company. </td> </tr> <tr> <td valign="top">
Second*** </td>
<td valign="top"> Find the address of your BLM office. (
check here) </td> </tr>
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Third***</td>
<td valign="top">Send your properties legal description, along with a blank signed check on which you have written "not to exceed $20" and a request for a certified copy of the original land patent for your legal description. It will usually be for 160 acres but you will patent only your legal description. Remember, that must be a certified copy. If yours is not certified, do not use it. It will invalidate your patent and you will think you are protected but if you had to go to court to defend it, you would lose.
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Fourth***</td>
<td valign="top">When you get the certified copy of your original land patent use it to fill out the 'assignee's update of patent' form [I'll try and get a sample uploaded shortly].
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Fifth***</td>
<td valign="top">Take the completed unsigned 'assignee's update of patent' to the nearest notary and have it notarized. Make sure every one who has an interest in the property has signed the update (ie your wife/husband/partner). Those with a fiduciary interest (ie bankers, speculators etc.) will find out when you send them your notice that you have updated the patent on your property. You should execute a trust agreement with your lender so his interests are protected.
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Sixth***</td>
<td valign="top">Take the signed, notarized update of patent, the certified copy of the original land patent, and your decaration of homestead (optional) to your county recorder's office and present it for recording. This will cost about $20 to $40 depending on the number of pages you have and the number of pieces of property you have (only one declaration of homestead per person).
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Seventh***</td>
<td valign="top">Go to the local paper and publish a notice for three days running of what you just did, along with a legal description of the property. This will suffice as notice to all who have equity interest in your property. There are a lot of fools out there tat are going to read this and immediately attempt to steal their neighbor's land. On the surface it appears that you can do just that. However, when you research the law, one of the areas that a land patent can be attacked is via fraud. Fraud vitiates anything it touches (that means nullifies) and then you come under common law and that is a jurisdiction that you cannot hide from. There are two rules that a sovereign must abide by:
- You cannot infringe on the rights of another sovereign.
- You must keep all contracts that you enter into knowingly, intentionally and voluntarily.
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Eighth***</td>
<td valign="top">Make a copy of the forgoing documents and send them to everyone who has an equitable interest in your property (you will hear some anguished howls but after their initial consultation with a knowledgeable attorney you won't hear anything. They can't win but you can be assured they will pray for your continued prosperity so they get paid on time). Now, if your lender is astute and he's not a corporation he will already have filed his patent which you will get when you pay off your ground. I would also strongly suggest that you make arrangements with the holder of equity interest in your ground for him to take silver or gold instead of FRNs. You have then paid off your debt, not satisfied it with limited obligation. That is what you do when you use FRNs. Then there can never be a question about your patent for there will be no mistakes nor fraud and it will be paid in lawful money (gold or silver).
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Ninth***</td>
<td valign="top">Wait ninety (90) days until your patent is perfected and re-record the front page of your update of patent. Just a little insurance to be sure the servant doesn't futz with the document.
If your recorder is honest and smart you will have no troulbe and he will record your paperwork. The law does not give him the right to make a legal determination of what to file and what not to file. That is the court's duty. However, if he does question you, ask him:
- to showin your state's code what his job is. Point out to him the law (it's the same in every state or close enough for government work). If he still does not record your documents, then
- demand a copy of his surety bond and
- the name of his insurance carrier for that bond
Inform him that it is CYA time because you intend to file a claim with his insurance company against his bond. A lot of them are duped and don't know they are being used. At this point he is going to start hollering for risk management. This is when risk management usually caves in. Some may be obstinate and continue to fight but eventually they can't handle the pressure. If risk management gets stubborn you can also file against
their surety bond too. When the insruance company, who looks at it dispassionately, tells them that if they continue they will lose and lose big, they capitulate. You might also inform the recorder of what the consequences are when he loses, which he will do, because the law is on your side, even in their own kangaroo courts. Those consequences are a loss of deductible. If the loss is big enough he loses pension, benefits, and eventually if it goes so far that he is convicted of denying your constitutional right, he loses his job, house and the whole nine yards. Oh yes, you get the house and assets, so it is worth pursuing.
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Tenth***</td>
<td valign="top">Make copies of your land patent and post it in all four corners of your property. You are telling the world that this is a sovereign's castle.
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<div style="font-size: 20px; font-weight: bold;">How to Defend It</div>
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"An estate of inheritance without condition, belonging to the owner, and alienable by him, transmissable to his heirs, absolutely and simply, is an absolute estate in perpetuity and the largest possible estate a man can have being in fact allodial in its nature."*
[Stanton v. Sullivan. 63 R.I. 216 696 (1839)]
"unless fraud is shown, this rule is held to apply to patents executed by the public authorities."*
[State v. Hewitt Land Co., 134 p. 474, 479 (1913)]
"legal titles cannot be conveyed except in the form provided by law." [McGarrahan v. Mining Co. 96 U.S. 316 (1877)]
Note: When the word law is used it means common law. Our courts today are not law, but equity or admiralty which has no jurisdiction over a sovereign unless the soveregn acquiesces. Challenge the jurisdiction of every court you enter because if you don't you freely give away all of your God-given rights. If you are of the mistaken opinion that the governments, or courts, were instituted to protect your rights, and does protect your rights, then you have another thing coming. If the government and courts did fullfull their proper and only function we would not be in the mess we are in!
"legal title to property is contingent upon the patent issuing from the government."*
[Sabo v. Horvath, 559 p. 2d 1038, 1040 (aka. 1976)]
"that the patent carries the fee and is the best title known to a court of law is settled doctrine of this court." [Marshall v. Ladd, 7 Wall. (74 U.S. 106 (1869)]
"a patent issued by the government of united states is legal and conclusive evidence of title to the land described therein, no equitable interest, however strong, to land described in such patent can prevail at law, against the patent." [Land Patents, Opinions of the United States Attorney General's office, (Sept. 1869)]
"a patent is the highest evidence of title, and is conclusive against the government and all claiming under junior titles, until it is set aside or annulled by some judicial tribunal." [Stone v. United States, 1 Well, (67 U.S. 765 (1865)]
"the patent is the instrument which, under the laws of congress, passes title from the United States and the patent when regular on its face, is conclusive evidence of title in the patentee, when there is a confrontation between two parties as to the superior legal title, the patent is conclusive evidence as to ownership." [Gibson v. Chauteau, 13 Wall 92 (1871)]
"congress having the sole pawer to declare the dignity and effect it's titles has declared the patent to be the superior and conclusive evidence of the legal title." [Bagnell v. Broderick, 38 U.S. 438 (1839)]
"issuance of a government patent granting title to the land is 'the most accredited type of conveyance known to our law'" [United States v. Creek Nation, 295 U.S. 103, 111, (1935)]
"the patent is prima facie conclusive evidence of title." [Marsh v. Brooks, 49 U.S. 223, 233 (1850)]
"a patent, once issued, is the highest evidence of title and is final determination of the existence of all facts." [Walton v. United States, 415 f 2d 121, 123 (10th cir. (1969)]
"a patent to land is the highest evidence of title and may not be collaterally attacked" [State v. Crawford, 441 p2d 586, 590 (ariz. app. 1968)]
"the land patent is the highest evidence of title and is immune from collateral attack." [Raestle v. Whitson, 582 p.2d 170, 172 (1978)]
"patents rights to the land is the title in fee." [City of Los Angeles v. Board of Supervisors of Mono County, 292 P. 2d 539 (1956)]
"the patent is the fee simple" [Squire v. Capoeman, 351 U.S. 1, 6 (1956)]
"and the patent is required to carry the fee" [Carter v. Ruddy, 166 U.S. 493, 496 (1896)]
"it is the largest estate in land that the law will recognize, a fee simple estate still exists even though the property is mortgaged or incumbered." [Hughes v. Miller's Mutual Fire Insurance Co., 246 s.w. 23 (1923)]
"state statutes that give less authoritative ownership of title than the patent can not even be brought into federal court." [Langdon v. Sherwood, 124 U.S. 74, 81 (1887)]
State courts have no jurisdiction over land patents!
"the congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." [Constitution of the United States of America, Article IV, Section III, Clause II.]
One of the latest cases in Michigan
[Klais v. Danowski, 337 Mich. Reports 1964, Michigan Supreme Court] held that, based on the supreme law of the land, patents to land were not cut off by the subsequent creation of the state and that the state has no jurisdiction on the patented lands.
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a comprehensive list of sites to come. . .
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