Voids, Law, States and Research

#1 04-03-2004, 09:34 AM

As some of you know I am a Cornforth nut. I think Richard Cornforth just about walks on water. I spent a good share of yesterday in a county law library. The lights may be coming on. Now I am slow, mind you. Maybe instead of CRS I have CLS. So here is my take on it:
Do any of you see anything in the federal or state constitutions that says any government can pass any law regarding the people? If not…join the club!
So what are all those statutes, laws and codes? Two things: 1. They apply to the fictions meaning corporations including municipal. 2. They are headers, chapter titles so to speak.
Now if you recollect in the Cornforth video the gent said the law is in the annotated statutes. He also said you may be able to make new law.
Just because BB can’t lay laws on us does not mean we will all get along, sway and sing koom by yah. When a dispute does come up we can turn to some neutral wisdom to give us a hand. That neutral wisdom must be fair (yah, I hate that word too) so if I do X and get Y then you come along and do X you too should get Y not Z.
When you look at the Cornforth book and all the case cites and drool down your shirtfront remember this. They don’t mean much to most of you. Say what????!!!!! 
To the courts case cites can be binding or persuasive. Now it doesn’t hurt to persuade. But what if you can bind the judge? To do that you must use cases decided in your own state. (That says the states are still independent countries.) Those Oklahoma cases in the Secrets book may be persuasive here in Indiana but they are not binding. If you happen to be in Oklahoma, cool.
Here is a smattering of what I found: IC 32-30-10-3 reads:
IC 32-30-10-3
Venue
Sec. 3. (a) If a mortgagor defaults in the performance of any condition contained in a mortgage, the mortgagee or the mortgagee's assigns may proceed in the circuit court of the county where the real estate is located to foreclose the equity of redemption contained in the mortgage.
(b) If the real estate is located in more than one (1) county, the circuit court of any county in which the real estate is located has jurisdiction for an action for the foreclosure of the equity of redemption contained in the mortgage.
As added by P.L.2-2002, SEC.15.
I did not find a case that specifically said, “Wrong court.” Mine was done in superior court. I did find cases on: assignment must be recorded, 72 N.E. 494, assignment must be in writing, 66 N.E. 494.
That law was recently changed by the legislature limiting foreclosures to circuit courts. So I found a bunch that says legislature does not make useless laws and they know what they are doing. (Let’s not get into that in this thread.) 615 N.E. 2d 441, 611 N.E. 2d 637, 431 N.E. 2d 823.
IC 32-29-2-1
Written transfer or assignment; acknowledgment and recording
Sec. 1. A person who transfers or assigns a mortgage within Indiana shall do so in writing by:
(1) noting the assignment or transfer on the record recording the mortgage; or
(2) separate written instrument.
A person who transfers or assigns a mortgage as described in this section shall cause the notation or written instrument to be acknowledged before an officer authorized to take acknowledgments of the execution of mortgages.
As added by P.L.2-2002, SEC.14.
65 N.E. 935
This says that a foreign (different state) notary must be confirmed by a court clerk and judge. 49 N.E. 852. That was not done in my case…. void!
These are all Indiana cases. Thus they are binding. Does it hurt to add persuasion? If it is good, no. Don’t over do it though. A judge will be much happier with a seven-page document than a 100 page one.
Jim
Some of the codes didn’t have any cases under them. This is our chance to make law. If it has not been decided before the supreme court must hear it. That would be a good time to persuade from other state cases.
The annotated statutes have indexes and tables. Pick a subject and have a ball. More of how to get and use them will be another post.
Jim

Ice · #2 04-03-2004, 09:51 AM

Jim,

Under the 14th Amendment "they" are bound to guarantee us equal treatment under the law... which means that they are bound to the precedents set by other courts... does it not?

Is not the state under contract with other states, placing itself under the constitution as Law of the Land?& And does not the Constitutions 14th Amendment guarantee "equal protection under the law?"

If a case has been decided in one state -- and it's favorable to your situation in another state -- I think it will do more than just be persuasive.& Don't you?

Ice

#3 04-03-2004, 09:59 AM

Here are some more that you might like but you MUST find them in your own state:
Affidavit is a confession of judgment. 5 N.E. 688, 104 N.E. 790, 10 N.E. 851.
Ever heard that you can’t use cases prior to 1938? The annotated statutes are full of them!
Affidavit must confess debt and absence of fraud. 40 N.E. 670.
Play with this:
IC 34-37-1-6
Notice; affidavit; presumptive evidence
Sec. 6. The original affidavit and copy of a notice published in a newspaper, which are filed under IC&34-32-1-3 (or IC&34-1-18-8 before its repeal), and copies of the affidavit and notice, duly certified by the clerk, are presumptive evidence in all cases and before every court of the facts contained in the affidavit.
“Presumptive Evidence” Evidence which must be received and treated as true and sufficient until rebutted by other testimony; as where a statute provides that certain facts shall be presumptive evidence of guilt, of title, etc.& Black’s. There are case cites but get them from your state.
As added by P.L.1-1998, SEC.33.
I haven’t looked up cases on that yet.
Copies could only be used if legally recorded. 30 N.E. 883, 50 N.E. 594.
Certification of copy. 526 N.E.2d 790.
What about case bonds that we have heard so much?
IC 34-25-2-5
Plaintiff's undertaking
Sec. 5. The plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if the proceedings of the plaintiff are wrongful and oppressive.
As added by P.L.1-1998, SEC.20.

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#4 04-03-2004, 11:56 PM

Greetings,

I wanted to cross reference an Oklahoma statute. The librarian took me to shepards, on computer.

The result....

Just teasing for suspense, y'all.

California Business and Professions code section 6129. Buying or taking interest in claim to sue thereon as misdemeanor.

Every attorney who, either directly or indirectly, buys or is interested in buying evidence of debt or thing in action, with intent to bring suit thereon, is giulty of a misdemeanor.

Any violation of the provisions of this section is punishable by imprisionment in the county jaol not exceeding six months, or by fine not exceeding two thousand five hundred dollars ($2,500), or by both.

SEE CHAMPERTY

#5 04-04-2004, 06:35 PM

Seeklight,

Thanks so much for doing what I have been too busy/lazy/distracted to do is look up what you did. One of these days I will research for the Federal purchase of evidence issue.

Ice,

It is my concrete understanding that the 14th Amendment's Equal Protection Clause does not bind State's to follow other State's judgments/laws. Could you imagine being State 'A' and told by State 'B' of how to follow their law? And then State 'C' comes along and says that both State 'A' & 'B' are wrong and 'C' is the law? And then what about State 'D' - 'Z'?!?!

All&other/foreign state law is merely persuasive and none is binding on that State.& The last thing I would want as a resident of my State would be to be ruled by the law of another foreign State.& We can't have it both ways. But we know when one becomes truly sovereign, then&HE/SHE is&the State (and&a State&that is not under Federal Law either!).

-squirrels

Ice · #6 04-04-2004, 09:09 PM

squirrels,

They are still bound to "equal treatment under the law".

They can't get around it.

Ice

#7 04-04-2004, 10:08 PM

Good thing that I opted out of that pay site theory, I might have got beat up pretty bad from pay-pal.

&

Hell, let's give it away for no cost and see what happen's

&

Where do I start with the freebees...??? I am shy???

&

I already prepaid for the material! No cost to sit and type!...???

#8 04-04-2004, 10:16 PM

I wanna be a "two star" fellow!

&

Heck, I was promoted this winter to a "two star" General!

&

What am I missing???