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Originally Posted by Ice
"All property belongs to the state"... except that which the state has let go via the land patent. And "heirs" are not the only ones that have a claim to the patent. "Assigns" also have a claim to the patent.
The Supreme Court has stated that a chain of possession and the "assertion" of rights in the patent are all that is needed for the rights in the patent.
I would suggest that the OLDER THREADS be given a good read. There is much knowledge to be found there.
Ice
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Assigns, with special attention given to the Homestead Act, are "entitled" to rights under the patent. However, if that 'entitle'ment is not acted upon, then that entitlement is abandoned and one is left standing with nothing more than a warranty deed ... that is why the Supreme Court stated that the land patent is the only true title to the land, and that he that has the patent has the land.
Jerry.
