What Is A Land Patent

Truth - What Is A Land Patent - Allodial Titles Page 1 of 107
WHAT IS A LAND PATENT??
Essentially, a Land Patent is the first conveyance of title ownership to

land which the U.S. Government grants a citizen who applies for one. One
of the earliest laws for granting Land Patents was passed by Congress on
April 24, 1820. Among other things, Congress set up Government Land
officers, now known as the Bureau of Land Management. Land was usually
sold in parcels of 160 acres for $1.25 per acre. The law in 1820 prohibited
the borrowing or use of "credit" for the purchase of government land. In the
debates in Congress prior to passage of this act, Senator King of New York
said in March 1820 ... "it was calculated to plant in the new country a
population of independent unembarrassed freeholder ... that it would
place , in every man, the Power to Purchase a freehold. the price of which
could be cleared in 3 years... that it would cut up speculation and
monopoly ... that it would prevent the accumulation of alarming debt which
experience proved never would and never could be paid" !!! (emphasis
added) Later on, in 1862, a Homestead Act stated in Section 4: "That no
lands acquired under the provisions of this act shall in any event become
liable to the satisfaction of any debt or debts contracted prior to the issuing
of the patent therefor".
It can be clearly seen that the intent of these early lawmakers was for
the people of this country to be FREEMEN AND FREEHOLDERS of their
land, and not ever be subject to have it taken from them by any
government, feudal authority or banker or any other party who might have
a claim against the person who owned the land. In plain English, a Land
Patent which gave you an allodial freehold, that was "judgement proof and
yes- even immune from tax liens. In [60] effect, the only authority over you
or your land was GOD himself. In England, a man, who owned free from
authority of the king, was known as a freeholder and his land as a freehold
or allodial freehold. Most land patents in the U.S. were issued prior to
1900. However, even today, new land patents continue to be issued,
mostly for gas, oil and mineral rights on public lands. For this reason, there
are several land offices that remain open in the United States.
http://www.truth.tc/information/WhatIsALandPatent.html 8/1/2009
WHAT IS THE VALUE OF A LAND PATENT?
On the basis of all the case law I have seen, there is no doubt in my
mind that a land patent issued by the Bureau of Land Management which
gives you a title at law is far superior to any title acquired in equity. such as
a sheriff's deed. The land patent will, therefore, prevent your ejectment and
removal from the land or the property you occupy on the land. The debts or
claims of other parties will remain, but the land will be removed from assets
which they can attach. The law is on the books today which says that any
debts, which lie against the land, that existed prior to the land patent being
issued, are removed from the land. The next question is; if the land patents
were issued 100 or more years ago to persons who are no longer alive,
and if I now reside on only a portion of the land that was originally
described in the original land patent, then how do I bring up the land patent
in my name'? And if I bring it up in my name, will it remove the land as
security which the Bank or Mortgage Company can sell and seize in a
foreclosure action? [61]
DECLARATION OF LAND PATENT
The procedures which I will describe are not time tested, as they have
not worked their way through the U.S. Supreme Court. This does not mean
that these procedures will not ultimately be successful. Any basis for a
legal approach must be supported by a legal theory. We already know and
can substantiate that an original land patent will protect your land from any
equitable or collateral attack. However, we do not know for certain that the
existing procedures will vest in us the same rights and immunities by filing
a DECLARATION OF LAND PATENT, and updating it in your name.
However, since there is little to lose and possibly much to gain, it would be
wise to file a DECLARATION OF LAND PATENT, in the future event that it
is sustained.
The theory is based on two premises. First, in the original land patent,
that was granted, lets say 100 years ago the land patent document itself
says that this patent is granted to the original party AS WELL AS TO
THEIR HEIRS AND ASSIGNS. While most of us are not heirs, ARE NOT
WE ALL ASSIGNS? Since land patents were originally issued, nearly all
conveyances of title were done by the use of deeds, like Quit Claim Deeds
and Warranty Deeds. 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. However, the land
patent its remains the highest title at law, and few persons have updated a
land patent in their name. Where a land patent exists, no lien or mortgage
could be ever placed on the land. Since the intent of the lawmakers is the
law, historic evidence shows that our founding fathers wanted us to own
the land [62] in its entirety, and subject to the claims of no other man or
government or other institution. Because the laws were passed by
Congress setting up Land Offices to grant land patents, the best jurisdiction
in which to raise these issues are the Federal Courts.
In the Declaration of Land Patent, we then declare that we are the

ASSIGNEE'S of the original land patent, even though we may be 2nd,..3rd,
4th, etc., after the party to whom the original patent was issued. TO LET
YOU KNOW HOW SERIOUS THE FEDERAL GOVERNMENT IS TAKING
THESE DECLARATIONS OF LAND PATENTS, Don Walker has recently
stated: "That in Illinois, he personally knows of a farmer who applied for a
$500,000 loan and was told by the Federal Land Bank that it would be
granted if he removed his Declaration of Land Patent. Also, the FLB is now
itself applying for and filing Declarations of Land Patents on farms it is
"foreclosing on". We have also learned that oil, gas and coal companies
are filing these declarations on land already titled in their name through
deeds. 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 these land patents were worthless pieces of paper,
then why is everybody jumping on the bandwagon?
After the review of several different land patents, the one enclosed in
this paper is, considered the one that best sums up what is to be said. [63]
The one major pitfall, that must be avoided, is that when filing the
declaration of land patents, do not place the same legal description in the
declarations that was in the original land patent issued by the Bureau of
Land Management. What this does is cloud the title to the property of other
persons who are living in properties that are part of the legal description of
the original land patent. As a result, several lawsuits were filed to quiet title.
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. In other words, the legal description from your deed or abstract
is what you must use. For this reason, the enclosed Declaration of Land
Patent has in it, adequate language for this purpose. A Declaration of
Homestead should be attached to your Declaration of Land Patent, but the
legal description in your Declaration of Homestead must be 160 acres or
less to comply with Federal Law on filing Homesteads. Along with the
declaration of Land Patent and the Declaration of Homestead is a certified
copy of the original land patent which you can obtain from your nearest
land office. These papers are all stapled together and filed in either your
County Recorder's office or with the Register of Deeds.
DO NOT SEND CHECKS. SEND MONEY ORDERS ONLY / MAKE

PAYABLE TO: Bureau of Land Management
After you receive your copy of the original Land Patent or Land Grant,
then staple it to a Declaration of Land Patent and file it in your County
Recorder's office or Register of Deeds. You now have your allodial title. If
you haven't filed a Declaration of Homestead, then you should do so and
attach it to your Land Patent. You may file a Declaration of Homestead on
up to 160 [64] acres, but not more. A Declaration of Homestead can only
be filed on property that you actually live on. A Land Patent can only be
filed on property that has been assigned to you. You don't file one on your
neighbor's property or they can sue you for slandering his title.
A Declaration of Homestead should be filed whether or not you file a

Land Patent. It may be filed with, before, or after your lawsuit is filed. Both
Land Patents and Declarations of Homestead must be Notarized. A sample
of both are enclosed. Make photocopies of both before using them or you
may retype your own.
After your Land Patent is filed, you must send a photocopy by Certified
Mail Return Receipt Requested to your bank or mortgage company, FLB,
FMRA, PCA, etc and to any and all parties that may have an equitable
interest in your property so they have been placed on NOTICE that you are
updating the Land Patent in your name and they will have 60 days to
challenge your claim to your allodial title in a court of law or forever keep
their silence. Be sure to keep your green tickets when they come back.
GIVING NOTICE IS A BASIC PRINCIPLE OF LAW. WHEN THE

GOVERNMENT
LAND OFFICES ORIGINALLY ISSUED THE LAND PATENTS, THEY

PUBLISHED
THE LAND PATENT WITH LEGAL DESCRIPTION FOR 60 DAYS:

WHEN NOT
CHALLENGED BY ANYONE, THE LAND PATENT WAS THEN

GRANTED. AN
ALTERNATIVE WAY TO GIVE THE OTHER PARTY NOTICE IS TO

PUBLISH A
"NOTICE OF DECLARATION OF LAND PATENT" in a legal

publication in your county
of residence.
Include the legal description on your property in the ad with this warning:
"If any party having a claim, lien or debt or other equitable interest fails to
file a suit in a court of law within 60 days [65] from the date of filing or on
(insert date), then they shall waive all future claims against this land and it
will become the property and allodial freehold of the Assignee to said
Patent. (your name - Assignee)
QUESTIONS AND ANSWERS
Q. Why must we give the other side `NOTICE'?
A. Giving NOTICE is a basic principle of common law. If someone was

going to file a claim against property that you thought was yours, would you
not want to be given NOTICE? if they fail to file a suit in court within the 60
days, the case is substantially weakened if they file it later. Also, filing the
Land Patent is an excellent diversionary tactic, since the focus of the court
battle shifts to who has the best title. Remember, you are an Assignee to
that original patent, and your claim is valid. The U.S. Government signed a
contract granting that Land Patent to the original party, their heirs or
assigns. YOU ARE AN ASSIGNS to all allodial title or freehold. The original
contract does not specify any expiration date. it is still in force. If the
original land patent is immune from equitable or collateral attack, then so is
yours.
Q. Where can I find more case law on Land Patents?
A. At your local library at your courthouse or university. Look up the

Supreme Court Digests [66] on Land Patents, also a set of books called 43
USCS 17. Also books on State Law Digests. Look underthe section on
Land Patents. There is also material in Bouvier's Law Dictionary. Also look
under the term "Bureau of Land Management". You will also find many
court cases and related documents on the DCS computer system,
especially in the directories:
Law
Pre1868 - Supreme Court Cases
Post 1868 - Supreme Court Cases
9th US Circuit Court of Appeals
Q. Why send the Bureau of Land Management $20.00?
A. This is the approximate cost for most copies of the original patents.
This includes $4.25 for the patent plus a search fee. A copy of the County
Plat map makes it easier for them to locate the patent or grant. In your
letter, BE SURE TO ASK FOR A CERTIFIED COPY. You should receive it
in 4 to 6 weeks.
WHO DOES YOUR LAND BELONG TO?
While it is generally believed in America today that the purpose of the

American revolution was to resist taxation without representation. The
primary reason for the revolution was to deliver America's Land Titles out
of the hands of Great Britain and return them to the people. It was
assumed by many, before the Revolution, that England rightfully "owned"
America. It was because of this assumption that she gave grants of land to
supportive Colonists, then taxes the Colonists as subjects. But, the
patriots, of that day, insisted that the King of England did not own the
land ... so it was not his to grant. After the Revolution, the land became the
property of each [67] State's people, with the authority in the people to
parcel out the land to claimants in a fair and equitable manner. If some
land remained unoccupied, Jefferson said: that anyone occupying it had
possession, the right of ownership, land title, was then to be held by way of
ALLODIAL TITLE. That simply meant that there was "No Superior" to the
land owner. He was the Superior, the Sovereign on his land.
To encourage railroad growth and provide transportation for over three

million new settlers that had immigrated from the East into a wilderness
devoid of roads, the government gave the first railroad land grant ...
2,595,000 acres of federal land, six alternate numbered sections (640
acres in a section) of unpreempted, land for every mile of track built, to be
issued to fund the building of the Illinois Central, with a branch to Chicago.
The contract said that it should be completed in six years and that seven
percent of the company's gross should be paid to the state in perpetuity.
Also, Uncle Sam was permitted set his own charge for carrying troops,
freight and mail, and eventually settled on fifty percent for the first two and
eighty percent for the mail. The Illinois Central, then the longest line in the
world, was completed three days before the deadline set in 1856.
One of the earliest laws for granting patents was passed by an Act of
Congress an April 24, 1820. The law in 1820 prohibited the borrowing or
use of credit for the purchase of government land. In the debates in
Congress prior to the passage of this Act, Senator King of New York said
"... it (the Act) is calculated to plant, in the new country, a population of
independent, unembarrassed freeholders ... it will put the power in every
man to purchase a [68] freehold, the price of which can be cleared in three
years ... it will cut up speculation and monopoly ... it will prevent the
accumulation of an alarming debt, which experience proves never could or
would be paid." In 1862, the Homestead Act. in Section 4, provided that
"no lands acquired under the provisions of this Act shall in any event
become liable to the satisfaction of any debts contracted prior to the
issuing of the land patent."
When taxation of real property began (and the people did not object)
they voluntarily accepted the premiss that government was the Superiors
and the land owner a mere serf in a feudal relationship to his master. And
the whole process helped to contribute to an ever increasing control by
Lawless Government. This Lawless Government has been preparing
America for the time when the land will be confiscated to pay off the
indebtedness to the Federal Reserve that has America on the verge of
financial collapse.
According to conservative estimates, possibly half a million U.S. farmers

will be driven from the land in the next several years. Jim Hightower put the
goal of the previous administration at 10,000 super farms. No one knows
what this administration might do. Mr. Hightower is the Texas
Commissioner of Agriculture. A total of "10,000" farms for the nation has
been the goal of public policy ever since the Committee for Economic
Development wrote its Adaptive Program for Agriculture, but true to
"People's Republic" type thinking, the matter has never been taken up with
the American Public. [69]
Democrats and Republicans alike have allowed this policy to march
forward, annihilating not only the family farm, but the freedoms of all
Americans.
So the mortgage foreclosures, in the words of the great thinkers, will

deliver the landed resources of the United States into a few strong hands.
Thomas Jefferson would have called it "landed aristocracy."
The founding fathers knew that free men could survive only as long as
they owned property, because it was this ownership that accounted for
broad spectrum distribution of income and preservation of the jury system.
They also knew that manipulation of the money supply, via debt, would
ultimately take from the people their substances, by concentrating the
property into the hands of a few, which is now the curse of the majority of
the world.
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." [70]
"I OWN MY LAND?"
Taken from a letter/notice from the United States Department of the

Interior, it stated: "the United States has paramount title in the land."
The legal definition of Paramount is as follows:
Paramount Title: "In the law of real property -- one which is superior to the
title with which it is compared, it is used to denote a title which is better or
stronger dm another ..... (Black's Law, 4 Ed. pg 1267)
Under the National Constitution, Article IV & 111, Clause 2, Congress

was given power (by the people) to dispose of its territories and the land
acquired for the people of the United States by purchase and by TREATY.
The Administration (government) holds this land as TRUSTEE for the
people!
After the Declaration of Independence and the "REVOLUTION', the land

was to be held by everyone (landowners) in/by Allodial Tils, which simply
means there is no superior or "overlord" to or over the landowner. [71]
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.
The case is WALLACE v Harmstad, S Ct 492 (1863), and the opinion

of@the Court was delivered, May 6th 1863, by Justice Woodward, and in
part, he stated:
"I see no way of solving this question, except hy determining whether our
Pennsylvania titles are allodial or feudal. It seems strange that so
fundamental a question as this should be in doubt at this day, but it has
never had, so far as I know, a direct judicial decision. In a valuable note by
Judge Sharswood to the opening passage of Blackstone's Chapter on
Modern English Tenures. (2 Sharswood's Black. 77), it is said, "that though
there are some opinions that feudal tenures fell with the Revolution, yet all
agree that they existed before, and the better opinion appears to be that
they still exist. "In support of this statement, the feudal principals that have
entered into our conveyancing are alluded to, and several cases are cited
in which the consequences and qualities of feudal tenures have been
recognized in our estates, although generally, in these very cases, it has
been assumed that our property is allodial. I venture to suggest that much
of the confusion of ideas that prevails on this subject has come from our
retaining, since the American Revolution, the feudal nomenclature of
estates and tenures, as fee, freehold, heirs, reoffment, and the like.
Our question, then, narrows itself down to this: is fealty an part of our land
tenures? [72] What Pennsylvanian ever obtained his lands by "Openly and-
humbly kneeling before his lord, being un-grit, uncovered, and holding up
his hands together between those of the lord, who sat before him, and
there professing that he did become his man from that day forth, for life
and limb, and earthly honor, and then receiving a kissfrom his lord? - This
was the oath of fealty which was, according to Sir Marlin Wright, the
essential feudal bond so necessary to the very notion of a feud. But then
came the Revolution, which threw off the dominion of the mother country,
and established the independent sovereignty of the state (the people), and
on the 27th day of November 1779 (I Smith's Laws 480), an act was
passed for vesting the estates of the late proprietaries of Pennsylvanian in
the Commonwealth. Another act on the 9th of April 1781, (2 Smith 532),
provide for opening the land office and granting lands to purchasers; and,
says the 11th section, "all and every the land or lands-granted in
pursuance of, this act shall be free and clear of all reservations and
restrictions as to mines, royalties, quit-rents, or otherwise, so that the
owners thereof respectively shall be entitled to hold the same in absolute
and unconditional property, to all intents and purposes whatsoever, and to
all and all manner of profits, privileges, and advantages belonging to or
occurring from the same, and that clear and exonerated from any charge or
encumbrance whatever, excepting the debts of said owner,... [73] The
province was a fief held immediately from the Crown, and the Revolution
would have operated very inefficiently towards complete emancipation, if
the feudal relation had been suffered to remain. It was therefore necessary
to extinguish all foreign interest in the soil, as well as foreign jurisdiction in
the manner of government. We are then to regard the Revolution and
these Acts of Assembly as emancipating every acre of the soil of
Pennsylvania from the grand characteristic of the feudal system. Even as
to the lands held by the proprietaries themselves, they held them as other
citizens held, under the Commonwealth, and that by a title purely allodial.
All our lands are held mediately or immediately of the state, by the titles
purged of all the rubbish of the dark ages, excepting only the feudal names
of things not any longer feudal. Under the Acts of assembty 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
price she could get, and conferred on the purchaser the same absolute
estate she held herself,... and these have been reserved, as everything
else has been granted, by CONTRACT."
To get a better understanding of this issue, we must take a look at
certain definition, from Black's Law, as follows:
"ALLODIAL. Free; not holden of any lord or superior, owned without

obligation of vassalage of fealty; the ol2l2osite of feudal, " [74]
"ALLODIUM. Land held absolutely in one's own right, and not of any lord
of superior; Land not subject to feudal duties or burdens. (Emphasis added
Take note that AIIodiaI is the opposite of Feudal.
"FEUDAL. Pertaining to feuds, fees; relating to or growing out of the

feudal system or feudal law; having the quality of a feud, as distinguished
from 'allodial' (Emphasis added)
"FEUD. An estate in the land held of a superior on condition of rendering

him services. An inheritable right to the use and occupation of lands, held
on condition of rendering services to the lord or proprietor, who himself
retains the property in the lands. In this sense the word is the same
as "feod", "feodum", "feudom", "fief", or "FEE".
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!
So the..term OWNERSHIP" may take on a totally different meaning,
dependent upon the type of title one has in the land. 'OWNERSHIP-' is a
key principle as it pertains to the rights to acquire and use property as well
as rights in the land as well. Ownership is defined as follows: [75]
"OWNERSHIP: The complete dominion, title, or proprietary right in a

thing or claim. The entirety of the powers of use and disposal by law. The
exclusive right of possession, enjoyment, and disposal. Ownership of
property is absolute or qualified. The ownership of property is absolute
when a single person has absolute dominion over the property. The
ownership is qualified when ... use, of the property is restricted." (Emphasis
added)
The Act of Congress of April 24, 1820 was one of the earliest statutes
passed for granted land Patents, along with the Homestead Act, Sec. 4 in
1862 and as stated earlier, the disposal of its territories and land acquired
for the people is by purchase and by TREATY (Contract of and by the
People) to wit:
1) Northwest Ordinance (1787)
2) Treaty of Peace, 8 STAT.80 (1783)
3) Treaty of Ghent, 8 STAT.218 (1818)
4) Oregon Treaty, 9 STAT.869 (June 15, 1846)
5) Treaty of Guadalupe Hidalgo, 9 STAT.922 (1848)
6) Treaty of Cession, 8 STAT.200 (1863)
The Treaty (Contract) Law cannot be interfered with, as the Supreme

Court has held that 'Treaties' are the 'supreme law of the land'. See also
Article 6, Sec.2 of the U.S. Constitution. The Treaty is declared the will of
the People of the United States and shall be superior to the Constitution
and the laws of if any individual State. [76]
It was through the 'experiences' of our Founding Fathers, coming from a

Feudal system, that they desired that in the new country, the United States,
that all men would own their land, in its entirety, absolutely, with full
dominion, and subject to the claims of no man or government! This was
done through grant or purchase.
Black's Law, 4th Ed. pg. 829, defines Grant as a conveyance(?), same
reference, pg. 402 under general, to wit:
Absolute or Conditional Conveyance. An Absolute conveyance is one

by which the right or property in a Thing is transferred, by which it might be
defeated or changed; as an ordinary deed of lands, in contradistinction to a
mortgage which is a conditional conveyance.
Now under the' term 'Grant' it shows 'Private Land Grant' as: A grant by
a public authority vesting title to public land in a private (natural) person.
Public Grant: A grant from the public; a grant of a power, license,

privilege, or property, from the state or government to one or more
individuals, contained in or shown by a record, conveyance, Patent,
charter, etc.
Before we go on to Patents, and with a little understanding of 'Grants',

we will take a little time to touch up on the 'Purchase' of land as it affects
title. Two points are raised or established, the first, from a court case,
called STANEK v WHITE, 215 NWR 781 (1927), states: [77]
"There is a distinction between a debt discharged and one paid. When

discharged the debt still exists, though divested of its character as a legal
obligation during the operation of the discharge."
How does this affect your land purchase'? Very simple. When
Congress, in 1933, suspended the gold standard (Art. 1, Sec. I 0) which
denied you the right to PAY YOUR DEBTS AT LAW (which extinguishes
the debt), to a system where you can only discharge your debts, but the
debt still exists. This may be where your duty or fee comes from in the form
of your property tax. But there may also be a distinction in the form or type
of payment that you made in and for the land. The courts have ruled that
the Federal Reserve Bank/System is not an agency of the U.S.
Government, but rather a Private Corporation!
Therefore, when you participate in the Federal Banking System, you are
participating in a private money system, which is a privilege, and therefore
a duty and fee is extracted, in the form of a tax, but since Federal Reserve
Notes are not Lawful Money (no substance backing it!) you cannot pay
your debts at law, they are only pieces of paper of which a debt attaches!
To prove this, we go to the second point, the definition of Title, as found

in Bouvier"s Dictionary of Law:
"The means whereby the owner ... hath just possession of his property.
3. Title to personal property may accrue in three different ways; by original

acquisition, by transfer by act of law, by [78] transfer by act of the parties.
5. THE LAWFUL COIN OF THE UNITED STATES WILL PASS THE
PROPERTY ALONG WITH THE POSSESSION.' (Emphasis added)
The Lawful coin of the United States was Gold and Silver which is
'substance'. In olden days, one got gold from the land and one could buy
land with gold. But back then, the conveyance of land through purchase
was honored (in the law) and full and absolute possession and ownership
was transferred!
So what we have covered so far, you can see that perhaps you don't
own your land. Merely compare your so-called title or deed to the points of
law as brought forth herein. See also the attached 'Exhibits' for your
comparison. In mid-stream, we ask you the question, "Is property tax
evidence of ownership?" We'll let you also answer that question.
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. Public
lands, as found in 42 American Jurisprudence, Sec. 781 thru 873, shows
that a Patent of land is to be the title to land and anything else is FRAUD.
Transfer of a Patent is by release of Patent Interest Right and not by some
form of 'USURY INSTRUMENT' of Trust or Warranty. (See also 40 AM
JUR, 577 thru 688) [79]
A Land Patent issued by the United States is legal and conclusive

evidence of title to the land conveyed. (Opinion of U.S. Attorney General -
Sept. 1869). A Land Patent is the highest evidence of title. 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. Can you say the same about your land title'?
The Patent alone passes land from the United States to the grantee and
nothing passes a perfect title to land but a (WILCOX v JACKSON, 43 Peter
(U.S.) 498, 10 L Ed. 264) ".... with no fee or duty (TAX)!!!
Since a Land Patent is not a conveyance of title by someone assigning

their equity interest over to you, but a Land Patent is a TITLE AT LAW,
which establishes an ALLODIAL FREEHOLD that is judgement proof and
even immune from tax liens! Again, can you say the same thing about your
land title'? [80]
"THE PROPERTY TAX --- SCHOOL FUNDING ISSUE"
"OWNERSHIP VS FRAUD IS IT A MASTER-SLAVE RELATIONSHIP
Well there's a lot of emotions flowing out and about, around this here
Property Tax --- School Funding Issue! Within the State of Oregon, there
was more than a lot of talk about a sales tax, which would accordingly
lower property taxes. Following that, the people voted in the Lottery. With
the promise that funds would or could go to lower property taxes. Time will
tell on that one, just don't hold your breath! Most Oregonians don't want
that sales tax! (Nor does any other person in this country, unless they are a
politician.) And if school funding issues are brought into any discussion, in
relation to or based on property taxes, watch out, 'fur can fly'! I
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. It seems that every year, along with teacher
strikes, the property tax issue arises, with all the pros and cons. Seems to
just get worse than better! And haven't you noticed, that all the politicians
ever do, at any level, is to raise taxes ... then again, maybe you haven't
noticed!
But then it's a 'Catch 22 Situation'. To support the schools, financially,

property taxes must go up! Vote property taxes down, and the schools
must suffer! It's really a no win situation.
Maybe the solution lies within QUESTIONS, or to put it another way,

YOU may have to go back to the beginning and find or discover the
ANSWERS! [81]
In order to get the right answer(s), one must ask the right questions, like:
Are property taxes necessary'? Are property taxes lawful?
But the most important question is: "is property tax indicia (evidence) of
true ownership"?
Well now, let's, do some investigating! What does 'ownership' really

mean? "The colete dominion, title, or proprietary right in a thing or claim.
The entirety of the powers of use and disposal by law. The exclusive right
of Possession, enjoyment, and disposal. Ownership of property is absolute
or Qualified. Ownership of property is Absolute when a single person has
absolute dominion over it. The ownership is qualified when ... use is
restricted".! (Black's Law Dictionwy, 5th Ed., pg.979) (Emphasis Added)
So what does this tells us? Ownership in land is: "THE COMPLETE
DOMINION, TITLE, EXCLUSIVE RIGHT OF POSSESSION,
ENJOYMENT, RIGHT TO CONTROL WITH ABSOLUTE DOMINION
OVER IT!!
That statement seems fo be meaningless in view of the compelling of

PERMITS, and of course PROPERTY TAXES! Kind of like there's
somebody watching over you, controlling or dictating what you can or
cannot do on your land, and then demanding "TAXES" as well. [82]
It would then appear that most people who have bought (paid of off)
their land (with or without a home on it) do not have absolute control,
dominion, use, or even full enjoyment of it, when the individual and land is
RESTRICTED by local permits and property taxes!
Then it also follows that, if there are such restrictions on your land, that
you do not have 'absolute title'. Maybe then ... your not really an owner, in
the true sense of the word. I guess you would be called a quasiowner.
They kind of define that as 'something like" an owner! Maybe there is a
'SUPERIOR' above you, controlling the use of the land and compelling a
duty of fee for the 'interest' or 'use' of the land ... called property taxes! In
the old days, way back in time, it was called "FEUDALISM", which is
defined in part as:
"The system was based upon a servile relationship between a "vassal"

and "lord". The vassal paid homage and service to the lord and the lord
provided land and protection." (Black's Law Dictionary, 5th Ed., pg. 559).
Well now, not too bad, but let's take a look at "FEUDUM", defined as: "A
feud, fief, or fee (tax). A right of using and enjoying forever the lands of
another, which the lord (superior) grants on condition that the tenant shall
render @ (duty or tax) military duty, and other services. It is not properly
the land, but a n@ in the land." (Black's Law Dictionary, 5th Ed.,'pg. 560)
(Emphasis added) [83] So what you may be involved in, as a so called
'property owner', is a form of feudalism, which is basically in modem terms:
"A system based upon a servant relationship between the servant and a
superior (State, Banking Co., Corporation, or other). The servant for the
payment of a property tax (fee) has a right to use the land on conditions! "
For today,, those conditions are the property tax, land use laws and
permits. It should be noted however that if the servant falls to pay the
property taxes or violates any of the conditions, the servant will be
removed off the land and another servant will be allowed to use the land ...
on the same conditions! One must remember, however, the state will use
any means to remove a servant/slave who fails to pay the taxes, even to
the point of using a SWAT TEAM!
The right to use the land does not grant absolute title. The servant is
without and is denied the true title, and is involved in what is called simply
a 'feudal system'. Please bear with me, my leading is not in vain!
Let us now look at and define the word "FEUDAL", it is: "Pertaining to
feuds or fees; relating to or growing out of the feudal system or feudal law;
having the quality of a feud, as distini!uished from 'Allodial". (Black's Law
Dictionary, 5th Ed., pg.559) (Emphasis added) [84]
Well now, that's dam right interesting. This thing called "ALLODIAL",
which is distinguished (opposite) from the "Feudal System" of the use of
land without true ownership - for a fee! Well, we're going to take a good
look at this 'Allodial' thing.
But now those people who are in the know, or supposed to be, from
REAL ESTATE AGENTS, STATE OFFICIALS, to POLITICIANS, obviously
are not directed to this information, or most likely this information has been
suppressed or even denied, not only from them ... but from you too, the so-
called property owner!!! Could it be that those we elect(?) or the powers
that are in the 'mushroom business', keeping everyone in the dark and
feeding them 'bull'?
Well hang on, we're getting warm. I now direct you to the definition of
Allodial, it is: "Free; not holden of any lord or superior; owned without
ablization of vassalage of fealty; the opposite of feudal." (Black's Law
Dictionary, 5th Ed., pg.70)(Emphasis added)
Can you believe, a title of land where you are not beholden' to anybody',
owned without any 'obligation', of any duty or fee... a property tax'?
Amazing but true!
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. An estate held by absolute ownership, with out
recognizing any superior to whom any duty is due on account there of".
(Black's Law Dictionary, 5th Ed., pg. 70)
Therefore, if any title on land would be wanted or sought after, as a

treasure, it would certainly be an 'Allodial Title' would it not'?
Imagine a 'Title', on your land, where you are not subject to duties, fees,
or taxes! Land held in absolute ownership with no superior above you! That
means (what should have happened) when you paid off the debt on your
land, the State, the Bank, or the party holding the contract until full
payment, should of then transferred the proper true title, an Allodial Title.
You would then own your land free and clear, fee simple. absolute! It could
then be said, that you held your land in "PARAMOUNT", as in holding
paramount title. Paramount being defined as:
"In the law of real property, one which is superior to the title with which it
is compared, in the
sense that the former is the source of the later. It is, however, frequently
used to denote a title
which is simply better or stronger than another, or will prevail over

it." (Black's Law Dictionary,
5th Ed., pg. 1001) [86]
So now the question is, does the title you hold, or will receive, give you
full absolute ownership, free and clear, fee simple, not subject to any duty
or tax .... do you hold your land in Allodium with a paramount title'???
In the old days, it is my understanding, that land held under these titles
could not be licenced, seized, or taxed! Of course this applied to the land
as well, because of the "STATUS" of not only the land, but the "owners" as
well. The land was owned, and nobody else had any control, what so ever!
The land represented the wealth of the family, it was the family!
Irrespective of hardships, family members could always go back to the
land, the family farm, to survive and rebuild any monetary loss and self
esteem!
But no so today! With the many restrictions placed upon the land, and of
course, with the State owning the land (State holds true titles) the people
cannot use the land for their needs, purposes, or desires.
Many people have been forced onto the welfare system as a result of
this modern day 'Feudal System'. The land is simply ... not yours!
But now the question is this; "Why do you, the so called property owner,
do not have and hold an "Allodial/Paramount Title" to the land (And Home)
that you THINK you own? [87]
Why are you, the individual(s), the true substance and strength of this
country, denied the proper lawful title to your land? Why are you denied the
full enjoyment, from the use and ownership of your land'? Is the quest for
control and power, by those in authority over you, worth the violation of
your "Life", "Liberty", and "Pursuit of Happiness"? Why are you led to
believe that you own the land? Why are you called a landowner, when you
are compelled to duties, fees, and taxes'? When you bought your property,
did you understand and agree to having a 'superior' above you, controlling
the use of your land? Why has the State denied you true title to your
property?
Is it because the need and greed for power and control over the masses
that necessitates the fraud and scams to keep the State coffers full and the
sheep in line, thinking and believing that they own their land, thereby
making it a little easier to fleece! State Dictatorial control, under the guise
of permits, property taxes, and school funding, in relation to the ownership
of land" necessitates..."the end justifies the means!"
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.
One such interest was 'prospecting' and its related area of information.
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). One of the letter documents that I had
received was quite a surprise, since I had skimmed over it some time back.
The letter was from the "United States Department of the Interior",
"Bureau of Land Management", titled "Notice to Mining Claimant", 2nd.
paragraph, and in part said:
"Since a mining claimant has merely a possessory interest in the
location, the United States has PARAMOUNT TITLE in the land..."
(Emphasis added)
*this statement could apply to so-called Property owners!
NOW THE QUESTION IS! "By what authority does the U.S.
Government and your State Government hold land in paramount title
(untaxable, unalienable, and unseizable) and yet denies the very people of
this country the RIGHT to hold their land in same status ... in Allodium?"
Is this not a government of the people, by the people, and for the
people? Who's fooling who? Who's controlling who? Those are questions
you need to get answered. Its' been said many times, but here, it is more
than applicable - and that is:
"All had better WAKE UP! For Gods' sake, WAKE UP!!!" [89]
Consider and understand that, your government(?) is involved in a

'belief system scam'. That is, if they can get the people to believe in certain
things, then the Government can not only control the people, but also get
the people to pay for their own servitude!
HERE ARE SOME EXAMPLES:
1. Socialistic Income Tax
2. Socialistic Social Security
3. The Welfare System
4. Government Schools
5. State Ownership of your Vehicles
6. Zoning
Get the people to 'believe' that 'they' own their own land and they will
pay the taxes on it, most of them, with a smile on their face! Get the people
to 'believe' they need to pay a property tax to support the schools (free
education) and the Government can add another link in the chain ... in the
enslavement of the people in this "Land of the Free!".
One might ask now, "How do the schools get funding"? Well, that's
simple. Since the monetary system of this country is run by a "Private
Corporation" circulating 'Bills', 'Notes" and 'Checks' (credit) without
substance and in violation of U. S. and every State Constitutions (U. S. Art.
I Sec. I 0) (Look up your own States' Constitution Article and Section).
Since most taxing schemes are based upon fraud and theft, demand your
public servants to retum the power [90] and authority to regulate the money
system back to the U.S. Treasury, and then demand the Treasury to turn
on the printing presses. I mean it's not really money, there's no substance,
it's just paper! It's one of those 'belief scams', you believe its money, that it
has value, and your 'confidence' thus makes it so! But it's just paper with
nothing of value for support! Since your Government can and should
operate honestly, they can just send the 'cash' directly to the schools!
Of course, the other alternative is to shut all the schools down and tum
over the education to `private enterprise' and 'home schools'!
But remember, the issue here is "That you don't own your land!" And
that's why you are compelled to pay property taxes ... to support the
schools. Now I realize that every point cannot be raised here, either in
support or otherwise, but you must start with the basics.
"Get your land back, under a lawful, paramount, Allodial Title whereby
you own it free and clear, fee-simple, ABSOLUTELY, owing nothing to
nobody!" To do this, there's a price to be paid, and it is; Tum off the boob
tube, put the beer down, read the Constitution, study the points raised
herein, write some demanding, letters to your public servants, get together
in your local and MAKE it happen.
"Yes, we may not know what the future lies, but MAYBE IT'S TIME FOR
EXODUS!!!" [91]
This same point and principle applies to your automobile, you think you
own it, but the State compels you to 'Drivers License, Registration, and
Insurance, because the State holds the true title to your car, you merely
carry a 'Certificate of Title', certifying that a true title exists. You do not
have paramount title to your car, which is your property('?)(possession 9/10
of the law). [92]
PROPERTY OWNERSHIP
When you buy property, you must know the difference between Allodium
and Feudal, and the various kinds of Titles.
When you own property, Allodial, no one can claim any control over your
property but you. When you own property Feudally, you do not really own
it, but are only renting it, and the owner has control of the use of the
property. Feudal ownership is a deception, because you have, in actuality,
contracted for a third party to own the property. Therefore. you must abide
by the provisions of the contract, and pay the third party a rent for the use
of the property. 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. Property is "sold" on the
courthouse steps every day of the year, except weekends. You ask "Why
on the courthouse steps and not in the courthouse'?". This is because the
property is "sold" under color of law, and not according to the Common
Law.
In order to own the property Allodial, you must make a Bill of

Conveyance to contract with the seller of the property, get the property
surveyed, do a Title search, and file those documents with the Recorder in
the Judicial Circuit or District in which the property is located. If you do not
file for "homestead exemption or make any other contracts with the County
or State, then you cannot be assessed any tax or be forced to obtain
permits to improve upon your property. This means that the property is
yours and no one else's, and that you are the only one in control of your
property. I feel that every property owner should have a copy of "Blacks
Law Dictionary". [93]
When you buy, make sure that the seller includes "ALL RIGHTS to the
property in the Bill of Conveyance including mineral rights.
When you buy a car, you must also know the difference. I will give you
an example.
When you buy a car from a dealer, the MANUFACTURER

CERTIFICATE OF ORIGIN is sent to the State (Department of Motor
Vehicles). The Manufacturers Certificate of Origin IS THE TITLE!!! The
State records the Title on microfilm and ISSUES a Certificate of Title,
which does nothing but certify that there is a Title. THE STATE HAS THE
TITLE!!! If you read the small print at the bottom of the certificate, you will
find that you only have "VESTED INTEREST" in the conveyance, and not
ownership of it. YOU HAVE JUST CONTRACTED FOR THE STATE TO
OWN YOUR CAR!!!. When you do this, you must comply with the
provisions of that contract and register the car every year, so the State
knows where the car is, obtain a drivers license, and purchase insurance.
You must also obey the statutes of the Corporate State and all the
regulations that go along with them, so the Corporate State can keep their
large greedy, deep into your pockets.
You must also know the difference between paying and discharging a
debt. When you pay a debt, you must pay with value or substance. (see
Art. 1, Sect. 8, Cl. 5 and Art. I Sect. 10, Constitution for the United States of
America). You pay a debt with Gold and/or Silver coin, but you can only
discharge a debt with "Federal Reserve Notes". Gold and Silver coins are
value, [94] if coined by Congress at the U.S. Mint. (Art. 1, Sect. 8, Cl. 5),
and only Gold and Silver coin can be used to pay debts. (Art. 1, Sect. I 0).
When you use Gold and Silver coin to pay a debt, it is paid in full. A
Federal Reserve Note cannot pay a debt, because it is only BANK
CREDIT, or a debt in itself. How can you pay a debt with a debt? You
cannot! You can only discharge the debt with Federal Reserve Notes. The
debt still exists and is not paid.
Article 1, Section 8, Cl. 17, of the Constitution for the united States of
America, establishes the District of Columbia as a DIFFERENT and
SEPARATE NATION from the Republic of the united States of America.
The Congress has the EXCLUSIVE RULE OVER THE Citizens of the
District of Columbia, it's territories, Insular possessions and Federal
enclaves. Those people have no RIGHTS, WHATSOEVER, other than
what Congress gives them. The Social Security Number is the Main
Contract with this Foreign government that creates this status of slavery.
The way to own property in a Freehold status is to rescind ALL

CONTRACTS with the Foreign Corporate Federal Government and the
Corporate Regional State, county and municipality.
These contracts include:
1. Birth Certificate
2. All licenses (including Marriage)
3. All permits
4. Social Security numbers [95]
5. Bank accounts (except barter banks)
6. Any contract that requires a Social Security Number
7. Any incorporation, entitlement, or privilege from any
level of government.
This you must do by Affidavit. This is your declaration that you are a
Free American, and not a United States Citizen (Citizen of the District of
Columbia). You MUST, after you type them, get them notarized and have
three of your peers witness yours, and the notaries signatures. The only
reason for the notary, is to make the document cognizant in a foreign
venue.
Send a copy of the affidavit to the pertinent agency, along with the
original True copy and certification and service. Keep two copies for
yourself, and file the original Affidavit with a copy of the true copy
certification and service with the Recorder of the Judicial Circuit or District
in your area. You can do this in person (in the Common Law) or by return
receipt mail. One copy goes with you, in your car, and the other remains in
your files.
With every Affidavit that you send to an agency, the number or

identification card must be surrendered. In the case of the Social Security
Administration, if you have a card, it must be surrendered and accompany
the affidavit. 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.. The only exception to this would be if you
do drive for hire, i.e., Taxi, Bus, or Truck driver.
Make a copy of your Positive Identification in the size of an ID card with

your right thumb print overlapping the bottom of the photo, laminate it, and
carry it as your photo ID.
Always work on a contract basis and NEVER sign anything "under the
penalties of perjury," or use any Social Security number. You are then, a
Free American and NOT a U.S. Citizen.
NOTE ADDED BY DCS STAFF:
When making up your photo ID, you MUST, absolutely MUST, place a
disclaimer on the ID such as: "Not a government issued identification."
The disclaimer must appear on both the front and rear of the
identification card.
This step is necessary due to the fact that Congress has passed a law
stating that it is Fraud for anyone to carry an non-governmental
identification card without the disclaimer.
PROPERTY OWNERSHIP
When you "buy" property today, you do not buy the property, you buy a
lease from the County? Think about it for a minute. If the county can tax
the property, require a permit to improve it, take it away from you if you do
not pay the tax, who owns it? (see Black's Law Dictionary, definitions,
included.)
If you PAY for it in Gold Coin, and on a Bill of Conveyance, do your Title
search, and survey, file those three documents with the clerk of Circuit
Court and the county recorders office, then you own allodial property and
the county cannot tax it, make you get any permits, take it from you, or
even zone it, because the county does not own it anymore. Make sure that
you retain ALL rights to the property on the Bill of Conveyance.
The same goes for your car. Lets say that you buy a car from a dealer,
and that you discharge the price of the car with Federal Reserve debt
(FRAUDS). The Manufacturers certificate of origin (Title) goes from the
dealer to the State (regional) Department of Motor Vehicles. When you
sign all those papers at the dealership, you are contracting for the Regional
State to own your car! When you do this, you must abide by the provisions
of the contract and register it every year, so the owner knows where it is,
buy insurance (a paeans scheme) and get a drivers license.
The drivers license was only designed to regulate "Driving for Hire" and
not to regulate the right to travel.
A license is "privilege, or permission to do what is otherwise unlawful".
The Right to travel cannot be regulated or taxed. (Art. 9 of the Bill of

Rights).
As for payment, you cannot pay a debt with a check or Federal Reserve
Notes (FRAUDS).
They only, discharge the debt and the debt still exists. To PAY a debt,
you must barter, or pay in Gold or Silver Coin, which cancels the debt. The
Federal Reserve Note is debt and you cannot pay a debt with a debt! (see
Art. 1, Sec. 8, Cl. 5 and Sec. 10, Constitution for the United States of
America)
To own your own car you must buy it on a Bill of Conveyance, and
obtain the manufacturers Certificate of Origin. THE DISTRICT OF
COLUMBIA AND IT'S REGIONAL STATE WANTS TO BE YOUR GOD,
BUT YOU CANNOT BE A U.S. CITIZEN (under the U.S. Code and
statutes passed by Congress and the regional State legislators) and an
American (under the Constitution and Gods Laws) at the same time. You
cannot serve two masters. YOU HAVE THE CHOICE, MAKE IT! [98]
WALLACE VS HARMSTAD
Ground-rent Deed invalid for fraudulent Altemation in hands of

Flurchaser for Value without Notice. Effect of Altemation on the parties and
those claiming them. Ground-rents are Rents - Service. Statute of quia
emptores not in force in Pennsylvania. Titles to Land in Pennsylvania are
allodial.
1. Where a landlord after a sale of lots reserving groundments, and

delivery of the deeds, obtained possession of them, and having
fraudulently altered the causes reserving the rents, sold them: the
purchaser, though bona fide and without notice of the fraud, cannot
recover, either by action at law or by distress.
2. A vested estate will survive the loss of the instrument by which it is
created, for the deed may be proved by secondary evidence or presumed

from prescription; but if destroyed by the fraudulent act of the party
claiming under it, it cannot be then proved or supplied by any presumption
in his behalf.
3. Ground-rents are rents-service of which distress is a necessary

incident: but a grantor who has not reserved his rent by a valid deed
cannot enforce it, because the statute of which would have convert*ed the
rentservice into a rent-charge, is not in force here, and it cannot exist
independently of the deed, because Pennsylvania titles are allodial and not
feudal. [99]
ERROR to the District of Philadelphia.
This was an action of replevin, by Edwin Harmstad against Mrs. Alice

Wallace, who avowed for rent in arrear as reserved in one of the four
ground-rent deeds, the validity of which was passed upon by this court in
the cases of Arrison v Harmstad, 2 Barr 191, and Wallace v Harmstad, 3
Harris 462.
The material facts connected with these cases will be found in the
reports of these cases, and are in substance as follows:
In the fall of 1838 Matthew Arrison agreed to sell to four brothers

Harmstad, four adjoining lots of ground, reserving out of each lot a yearly
rent of $60, payable half-yearly on January 1st and July 1st, in every year;
the first half-yearly payment was to fall due on the 1st of July 1839. Under
the deeds executed in accordance with this agreement, each of the
Harmstads entered upon his lot and built a house thereon. The deeds were
executed in duplicate, each deed was signed by both parties; a part of the
bargain was that the grantees might extinguish their ground-rents at par
whenever they pleased. When the deeds came to be executed, one of the
four brothers discovered an 'open space, or unfilled blank, in all eight of the
deeds; and in answer to his inquiry, was told by the alderman, that it meant
that there was to be no limit of time within which the rents should be
extinguished. This being in accordance with their understanding, the deeds

were executed and delivered - the Harmstads took away their four deeds,
while Arrison took away the four counterparts. [100]
Some time afterwards an agent of Arrison procured from the Harmstads

their four deeds, for the alleged purpose of getting them recorded, and
while they were with Arrison, or another party beneficially interested in the
ground-rents, the same, together with the four counterparts, were, either by
Arrison or by some one under him, altered, by the filling up of the blank in
each of them with the words "within ten years front the date there of." 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. When they
paid it they asked for their deeds, and found they have not been recorded.
Another agent of the grantor, or of his cestui que use, then carried the
deeds to the recorder's office, left them there, and gave the Harmstads the
recorder's receipts therefor; and it was not until some weeks afterwards,
when the deeds came back, that they discovered the alteration. Since that
time they refused to pay any more ground-rent.
The case of Arrison v Harmstad, 2 Barr 191, and Wallace v Harmstad, 3

Harris 462, having settled that an action of debt on such ground-rent deed,
or on the original contract prior to the deed, but supposed to be executed
by possession, or for use and occupation, or of covenant on the ground-
rent deed, will not lie--that all the covenants in the deed are gone, and that
the estate in the land is vested in the grantee, freed and discharged
therefrom--that the spoliator may lose, but could not gain from his wrongful
act, and that any innocent purchaser of the rent is in no better condition,
having bought from the spoliator nothing at all, and that there is no
similitude between these cases and the case of negotiable paper in third
hands, the owner of this deed, Mrs. Wallace, resorted to a distress for rent,
on which distress this action of replevin was founded, as above
stated. [101]
Under the ruling of the court below there was a verdict and judgement
for plaintiff; whereupon the defendant sued out this writ, assigning the
judgement of the court below for error.
E.S. Miller, for plaintiff in error.
J.A. Phillips, for defendant in error.
The opinion of the court was delivered, May 6th 1863, by Woodward, J.-
It is not to be doubted that the cases of Arrison v Harmstad, 2 Barr 191,
and Wallace v Harmstad, 3 Barr 462, do decide that by reason of the
fraudulent alteration of the deeds, reserving the ground-rent in question,
neither an action of debt or covenant would lie on any one of the deeds for
recovery of the rent, nor is it recoverable in an action on the verbal contract
under which possession was obtained, nor in any action for use and
occupation of the premises. Setting aside all the obiter dieta of those
cases, they clearly established these several conclusions, grounding them
all on the policy of the law which altogether forbids parties from tampering
with written instruments or deeds, and which, in its application to the deed
in question here, avoids the covenant reserving rent in favor of the
fraudulent grantor, but preserves the fee simple to the innocent grantee,
discharged from the covenants in the deed. When it was said in the
argument of the first of the above cases that equity would reform the
instrument in favor of a purchaser, Chief Justice Gibson replied, "Show a
case; the deed is dead, and equity cannot put life into it."
The stern ruling in those cases was applied without hesitation to a

bonafide purchaser of the ground-rent without notice of the fraud, so that,
as far [102] as concerns Arrison, and all persons claiming under him, the
part of the deed which was intended to enure to his benefit, may indeed be
said to be dead. It was not merely a voidable instrument, it was void. It was
called a forgery, and treated as such, and neither law nor equity would
tolerate it even in the hands of an innocent purchaser.
The question presented now is whether a ground-rent so emphatically

condemned, and denied all remedy, both at law and equity, can be
enforced by distress. 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. Her learned counsel does not impugn those cases, but
he seeks to parry the authority of them by a distinction so nice as to be
highly creditable to his acumen, even if it be not well founded in law. Let
me try to state it distinctly.
He says that a ground-rent reserved in a deed by a grantor is an estate

which vests in him the instant the fee simple in the land vests in the
grantee that estate is a rent-service; that it continues to exist, though the
instrument reserving it be destroyed- and that a right of distress is one of
the necessary legal incidents of the estate. Then he argues that the
plaintiffs distress was not by virtue of the deed, but was founded on the
intrinsic and essential qualities of the estate in the grantor, and that the
reference to the deed in the avowry was only for the purpose of defining
the estate and the amount of the rent. [103]
I think the defect of the argument will be found to consist in the third
proposition. Not that it is untrue as a general position that a vested estate
will survive the instrument of its creation, but that the position is too broadly
stated when it is made to include an incorporeal hereditament which lies in
grant, and can only exist by virtue of a deed, devise, or record, or by
prescription, which is rather to be considered as an evidence of a former
acquisition, than as an acquisition de nora: 2 Black 266.
That ground-rent is a rent-service was demonstrated in Ingersoll v

Sergeant, 1 Wh. 337, a case which has been so often recognized and
followed as to have become a rule of property. Rent-service was the only
kind of rent originally known to the common law; a right of distress was
inseparably incident to it so long as it was payable to the lord who was
entitled to the fealty; and it was called a rent-service because it was given
as a compensation for the military or other services for which the land was
originally liable. When a rent was granted out of lands by deed, the grantee
had no power to distrain for it, because there was no fealty annexed to
such grant. To remedy this inconvenience an express power of distress
was inserted in grants of this kind, and it was thence called a rent charge,
because the lands were charged with a distress. Rent-seek, or barren rent,
is in effect nothing more than a rent for the recovery of which no power of
distress is given, either by rules of the common law or the argument of the
parties: 1 Co. Lit. (Thomas' ed.) star p.443, in note, and 2 Black.
(Sharswood's) 42, and note. Blackstone ranks all of these rents as
incorporeal hereditament, and Coke, commenting on Littleton's distinction
between feoffment and grants, says, here is implied a division of fees into
corporeal, as lands and tenements which lie in livery, comprehended in this
word feoffment, and may pass by livery with [104] or without deed, and
incorporeal, which lie in grant, and cannot pass by livery but by deed, as
advowson, commons, etc: 2 Coke Lit. (Thomas' ed), star page 333. Rent
belongs to this category, and is implied by Lord Coke's "etc.," and is indeed
the most perfect illustration of an incorporeal hereditament, for it issues
directly out of the thing corporate, without being any part of it.
But suppose the deed by which an incorporeal hereditament was

granted be lost or destroyed, must the grantee lose his estate? Lord Chief
Justice Eyre answers this question in Bolton v The Bishop of Carlisle, 2 H.
Black. 263, where he says, "In pleading a grant the allegation is that the
party at such time did grant, but if by accident the deed be lost, there are
authorities enough to show-that other proof may be admitted; the question
in that case is whether the parties did grant? To prove this, the best
evidence must be produced, which is the deed, but if that be destroyed,
other evidence may be received to show that the thing was once granted. "
So in Reed v Brookman, 3T. R. 151, where a lost release of an annuity
was pleaded without profert, the King's Bench sustained the plea and
overruled the demurrer to it.
These cases, and others cited in the argument to the same effect, assert
nothing more than a rule of evidence in very familiar practice with us, that
secondary evidence will be received where the party shows it is out of his
power, without any fault of his, to produce the primary, but they establish
no exception to the general rule that incorporeal estates must be evidence
by a grant. If the best evidence of the grant cannot be had, the next best
will be received; but the result of the evidence must be to establish the
grant. Even when an easement is to be suswned by [105] prescription, or a
right of way by necessity, a grant is presumed from long enjoyment, of the
easement, or from the necessity for the right of way, and thus again the
result of the evidence is to establish the grant. So true is the maxim that
incorporeal hereditament lie only in grant.
But what is to be said to a party who is unable to produce the original

grant because he has himself fraudulently altered it? Shall he or his alienee
be permitted to go into secondary evidence? When the law has refused
him all its forms of action on such a mutilated instrument, will it allow him to
take redress into his own hands and levy a distress for himself? This would
be to reverse the maxim, in idium spoliatofis, omniapraesumuntur. In
accordance with the maxim, we ought rather to presume that he never had
a grant, and therefore no estate which carried with it the incidental fight of
distress.
It is apparent that this view of the case places the plaintiff in error upon
the Arisen deed just as much as she stood upon it in her former action of
covenant, and it has been suggested, not in forgetfulness that it is not the
position chosen for her by her consul, but by way of showing that his main
proposition was too broadly stated for the case in hand, and that, holding
only an incorporeal hereditament, he cannot get her case away from the
deed. It seems to me that her fight of distress must be judged by the deed,
and that the deed is no more available for this purpose than it was for the
actions of debt and covenant.
But now let the case be looked at from another stand-point. By the
common law, before the statute of quia emptores (18 Edw. l,c. 1,A.D.
1290), according to the text of Littleton, "if a man [106] made a feoffment in
fee simple, by deed or without deed, yielding to him and his heirs a certain
rent, this was a rentservice, and for this he might distrain of common right;
and if there were no reservation of any rent, nor of any service, yet the
feoffee held of the feoffor by the same service as the feoffor did hold over
of his lord next paramount." Upon which latter clause beginning with the
words "and if there were no reservation," Lord Cokes's comment is, "This is
evident, and agreeth with our books that in this case the law created the
tenure," and on the words "by deed or without deed," he observes, "for all
rent-services may be reserved without deed; and at the common law, if a
man made a feoffment in fee by parol, he might upon that reoffment
reserve a rent to him and his heirs - because it was a rent-service, and a
tenure thereby created:" 1 Thomas' Co. Litt. star p.444
Rent-service, then, was an essential element of the feudal tenure. It did

not depend on contract, it resulted necessarily out of the grant of the feud.
The services which the vassal was bound to preform were indeed declared
by the lord at the time of the investiture in the presence of the other
vassals: 1 Craise's Digest 9, and were assented to of course by the vassal:
but as these were to a great extent uncertain, they could not be specified,
and were only declared in a general way, as to attend on the lord in war,
and on his courts in times of peace; to defend his person, and aid him to
pay his debts, etc.; terms not agreed upon as between contracting parties,
but terms dictated by a superior to an inferior. And by the old feudal law,
the nonperformance of these services was not redressed by distress, but
by forfeiture of the feud. 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. He [107] admits, however, that it is immemorial in the common law
" and was at first as burdensome and grievous to tenants as the feudal
forfeiture for to the tenant there was no difference between the lord's
seizing the land itself, or stripping him of the whole produce and fruits of it
at his pleasure. But these oppression ended with the wars of the Barons,
and towards the end of the reign of Henry III, particular laws were made to
regulate the manner of distressing, and not to suffer the lords to extend this
remedy beyond the mischief it was first introduced for, which was no more
than to empower the lord, by seizing the chattels, to oblige the tenant to
preform the feudal services: Gilbert's Law of Replevins, pp. 4-6. Fealty to
him from whom the lands were holden was the great characteristic of
feudal tenures; the services of fealty were enforced by distress, and hence,
although a feud were granted absolutely, in fee simple, by livery of seisin
only, and without a word of reservation expressed, the lord had his right of
distress for the rent, which came to be the substitute of the feudal services.
That right depended not on contract, or the terms of the reoffment, but was
a condition of the tenure. It is very clear that it would have been no answer
to a distress to tell the lord that he had lost, or by his wrongful act avoided,
the deed which expressed the reservation of his rent-service. The reply
could have been that the rent-service depended on no formal reservation,
but that it resulted by inherent necessity out of the tenure, and that distress
was its inseparable incident. This is the ground on which the present case
is attempted to be supported. Let us proceed carefully in tracing the
principles of the law that must determine whether it can be placed on this
ground.
The statute of quia emptores destroyed subinfeudation in England. Saith

Littleton (speaking of the effect of the statute), "where a man upon a gift in
tail, or a lease for life, will reserve to [108] himself a rent-service, it
behoveth that the reversion of the lands and tenements be in the donor or
lessor, for if a man will make a reoffment in fee, or will give lands in tail, the
remainder over in fee simple, without deed reserving to him a certain rent,
this reversion is void; for that no reversion remains in the donor, and such
tenant holds his lands immediately of the lord of whom his donor held:" I
Thomas, Coke Litt- star p. 444. Such was the effect of the statute.
I find the best explication of this subject in Comment on Landlord and

Tenant, p.97, to the effect following: "The statute quia emptores having
abolished all intermediate tenures, and the reversion of every fee being by
the feoffment divested out of the feoffor, and transferred to the original lord
of the fee; the fealty and rent, as incident thereto, were likewise
transferred. The fealty was inseparably incident to the reversion, and
therefore never could be lost to the ultimate lord. But the rent, though
generally incident to the reversion, might, at the will of the feoffor, be so
separated from it, and reserved to the feoffor himself, provided such
reservation were by deed. But the fealty being now severed from the rent,
the remedy by distress, which was only given in respect of the fealty,
became lost to the feoffor; and therefore such rent stood precisely in the
same situation as other rents before the statute; and could only be
distrained for by being charged upon the land by a special clause in the
deed of reservation. When, therefore, a man aliens all his estate, and
leaves no reservation in him, as if tenant in fee make a reoffment, or tenant
for life alien his life estate, no rent can be reserved, except it be by a deed.
On the other hand, a lease for years not being alienation of the freehold,
but a mere contract for a temporary enjoyment of the land, a rent might
well be reserved by parol upon such a contract." [109]
The effect of the statute, to state it more briefly, was to take the rent-
service out of the tenure, upon subinfeudation, and to convert it into a rent-
charge, which must have a contract to support it. Now it is apparent that
any right of distress which Arrison or his alienee, Mrs. Wallace, possessed,
would in England be referred to the deed, because the reversion was gone
from them, and all the essential qualities of the tenure went with the
reversion. But the statute of quia emptores was never in force in
Pennsylvania, Ingersoll v Sergeant, 1 Wh. 337, and therefore this rent-
service is not converted into a rent-charge. Can it exist then independently
of the deed? It certainly can, in the absence of the statute quia emptares, if
our titles be feudal: it as certainly cannot, if our titles be allodial.
I see no way of solving this question, except by determining whether our

Pennsylvania titles are allodial or feudal. It seems strange that so
fundamental a question as this should be in doubt at this day, but it has
never had, so far as I know, a direct judicial decision. In a valuable note by
Judge Sharswood to the opening passage of Blackstone's Chapter on
Modem English Tenures (2 Sharswood's Black. 77), it is said, "that though
there are some opinions that feudal tenures fell with the Revolution, yet all
agree that they existed before, and the better opinion appears to be that
they still exist," in support of this statement, the feudal principles that have
entered into our conveyancing are alluded to, and several cages are cited
in which the consequences and qualities of feudal tenures have been
recognized in our estates, although generally, in these very cases, it has
been assumed that our property is allodial. I venture to suggest that much
of the confusion of ideas that prevails on this subject has come from our
retaining, since the American Revolution, the feudal nomenclature of
estates and tenures, as feel, freehold, heirs, reoffment, and the like. [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. He defines a feud as a tract of land held by a voluntary and
gratuitous donation, on condition of fidelity and certain services, and
allodial lands as those whereof the owner had the dominium directum et
verum, the complete and absolute property, free from all services to any
particular lord. And yet the accident of services being annexed to an
allodial grant, did not make it feudal, which shows that the genuine
distinction consisted in fealty, and not in services. Fealty, says Christian, in
his note to 2 Black. 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."
Our question, then narrows itself down to this: is fealty any part of our
land tenures? What Pennsylvanian ever obtained his lands by "openly and
humbly kneeling before his lord, being ungrit, uncovered, and holding up
his hands both together between those of the lord, who sat before him, and
there professing that he did become his man from that day forth, for life
and limb, and earthly honour, and then receiving a kiss from his lord?" 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.
I grant that the charter to Penn was in free and common socage, to
which feudal tenures had at that time been reduced in England, and that
the oath of fealty belonged to socage tenures as much as to original feuds,
and was expressly recognized in the charter. But then came the
Revolution, which threw off the dominion of the mother country, and
established the independent sovereignty of the state and on the 27th day
of November 1779 (I Smith's Laws,480), an act was passed for vesting the
estates of the late proprietaries of Pennsylvania in the Commonwealth.
This act, after reciting in four sections the rights and duties of a sovereign
state, proceeded in sec. 5 to transfer to the Commonwealth every estate,
right, title, interest, property, claim, and demand of the proprietaries, as
fully as they hold them on the 4th day of July 1776, and all royalties,
franchises, and lordships, granted in the Charter of King Charles the
Second, were vested in the state. The manors and lands which had been
surveyed for the proprietaries were excepted, and a pecuniary
compensation to them was provided. Another Act of 9th of April 1781, 2
Smith 532, provided for opening the land office and granting lands to
purchasers; and, says the 11th section, "all be free and clear of all
remorvations and restrictions as to mines, royalties, quitrents, or otherwise,
so that the owners thereof respectively shall be entitled to hold the same in
absolute and unconditional property, to all intents and purposes
whatsoever, belonging to or accruing from the same, and that clear and
exonerated from any charge or encumbrance whatever, excepting the
doubts of the said owner, and excepting and reserving only the fifth part of
all gold and silver ore for the use of the Commonwealth, to be delivered at
the pit's mouth, clear of all charges. [112]
If it should be suggested that these acts were inapplicable to the city of

Philadelphia, because it had been laid out by the proprietaries before the
opening of the land office by the state, I would refer to Judge Gibson's
observations in Bubley v Vanhom, 7 S. & R. 184, where he says, to have

suffered the Penn family to retain those rights which they held strictly in
their proprietary character, would have been inconsistent with the complete
political independence of the state. 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. It was therefore necessary to extinguish all foreign
interest in the soil, as well as foreign jurisdiction in the matter of
government.
We are then to regard the Revolution and these Acts of Assembly as

emancipating every acre of the soil of Pennsylvania from the grand
characteristic of the feudal system. Even as to the lands held by the
proprietaries themselves, they held them as other citizens held, under the
Commonwealth, and that by a title purely allodial. All our lands are held
mediately or immediately of the state, but by titles purged of all the rubbish
of the dark ages, excepting only the feudal names of things not any longer
feudal.
Escheat, which was one of the incidents of feudal tenures, is sometimes

mentioned as making the feudal origin of our titles, and the allegiance
which we owe to the state is also often spoken of as fealty. Escheat, with
us, depends on positive statute, which makes the state the heir of property
on defect of known kindred of the decedent. Nothing about it but the name
is feudal, and this is another instance in which a word applied in a sense
different from its original [113] meaning, suggests ideas which have been
exploded. As to allegiance, it is indeed due from every citizen to the state,
but it is a political obligation, and is as binding on him who enjoys the
protection of the Commonwealth, without owning a foot of soil, as on him
who counts his acres by hundreds and thousands. So also it is due to the
Feudal Government, through which none of our titles have been derived.
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.
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. Her patents all acknowledge a pecuniary consideration, and they
stipulate for no fealty, no escheat, rent-service, or other feudal incident. I
conclude, therefore, that the state is lord paramount as to no man's land.
When any of it is wanted for public purposes, the state, in virtue of her
political sovereignty, takes it, but she compels herself, or those who claim
under her, to make full compensation to the owner.
Now, if the state was not paramount lord of the lots which Arrison
possessed, how could he become the lord of his grantee? How could he
receive anything out of those lots, against his absolute deed in fee simple,
except, by an express reservation? To do so, he must ignore the American
Revolution, and all our legislation about lands, and place himself back
upon the [114] common law, as it stood in the thirteenth century, before the
statute of quia emptores was passed. But if he is not permitted to do all
this, then he must show a deed for what he claims, and this brings us back
to the first conclusion, that the present right of distress depends on a deed
no less than the previous actions at law.
There is in the English reports a long line of cases terminating in Ward v

Lumley, decided in the Exchequer in 1860, and reported in 5 Huristone,
Young & Gordon, wherein it was held that canceling a lease by mutual
consent of both parties, does not destroy the estate vested in the lessee,
and the lessor may therefore maintain an action of debt on the demise for
the recovery of the rent, a case which is a fair type of its class and which it
is said rules the present case in favor of the plaintiff in error.
An obvious distinction betwixt that case and the present is the absence
of all fraudulent intent in the destruction of the lease; but not to insist on
this, let me say that all cases of that sort proceed on the ground that, the
lease leaves a reversion in the lessor, in virtue of which he may sue for
rent. That this in that ground of recovery in such instances, is shown by the
cases in which it has been held that a lessor cannot bring an action of
covenant, after he has assigned the reversion for any breach subsequent
to the assignment, but the action can only be brought by the assignee of
the reversion. Consequently, if the assignee of the reversion sue the

assignee of the term, or the assignee of the term sue the lessor, the action
is local, and must be brought in the county where the land lies: Thursby v
Plant, I Saund. Rep. 241, and notes. [115]
Now, whoever will tum back and read the extract I made from Comyn,
will see that the statute quia emptores did not affect leases of chattel
interests, but only reoffment by mesne lords. Subinfeudation was what the
statute destroyed, and it destroyed it by vesting the reversion in the
ultimate signory. But in leases for years, the reversion remains in the
lessor, and goes by assignment, to his assignee, and carries with it the
right of action. The reason, therefore, why this class of cases does not
embrace this case, is that here was a conveyance in fee simple of an
allodial estate, without any reversion remaining in the grantor, and
therefore all his remedies for rent on his contract. If the estate were feudal
the absence of the stawte would lead to a different conclusion - but with
great deference to all counter opinions, I hold that the estate was strictly
allodial, and that Anison retained only what was expressed in the deed.
If the question were up for the first time, we might perhaps doubt whether
the alteration made by Arrison was fatal to Mrs. Wallace's rights; but we
consider ourselves concluded on that question by the previous decisions,
and have not therefore discussed it. Taking the doctrine of those cases, the
only question left has seemed to us to be, whether Mrs. Wallace had any
remedy by virtue of the estate that is in her, and independently of the deed;
and all we have said must be understood as applying to that question.
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. The judgment is affirmed. [116]
CHAPTER IX
LAND PATENTS AND ALLODIAL TITLES
Part 1: Introduction
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 father occupied.
[Thomas Jefferson]
While it is generally believed in America today that the purpose of the

American Revolution was to resist taxation without representation, the
actual reason was to eliminate the cause of this and many other injustices,
and that cause was the admiralty jurisdiction imposed within the bodies of
the counties. A major effect of this cause was a contractual feudal/serf
relationship between the colonial landholders and the Crown - legal title
being held by Great Britain and an equitable title being held by the
colonist/serf in possession of and working the land.
This presumption of rightful legal title was challenged by the colonists,

who insisted that the King of England did not own the land and, therefore, it
was not his to grant to supportive colonists. After the Revolution, the land
became the property of each State's people, with the authority of the
people to parcel out the land to claimants in a fair and equitable manner. If
some land remained unoccupied, Jefferson said that anyone occupying it
has, by possession, the right [117] of ownership. Land was to be held by
allodial title, which simply means there is "No superior or overlord" to the
land owner. He was SovereiEn on his land.
One of the earliest statutes for granting land patents was passed by an
Act of Coneress. April 24, 1820. which prohibited the use of credit for the
purchase of government land. In the debates in Congress prior to the
passage of this Act, Senator King of New York said:
It (the Act) is calculated to plant in the new country a population of

independent, unembarrassed freeholders ... it will put it in the power of
every one to purchase a freehold, the price of which can be cleared in
three years ... it will prevent the accumulation of an alarming, debt which
exigrience proves never could or would be paid.
In 1862, the Homestead Act, Section 4, provided that:
No lands acquired under the provisions of this Act shall in any event
become liable to the satisfaction of any debt or debts contracted prior to
the issuing of the land patent.
The issue of allodial v feudal land titles in Africa was addressed by the
Supreme Court of the State of Pennsylvania in the case of Wallace v
Harmstad in 1863:
I see no way of solving this question, except by determining whether our

Pennsylvania titles are allodial or feudal .... [118]
I venture to suggest that much of the confusion of ideas that prevails on

this subject has come from our retaining, since the American Revolution,
the feudal nomenclature of estates and tenures, as fee, freehold, heirs,
feoffment and the like.
Our question, then, narrows itself down to this: is fealty any part of our
land tenures?
What Pennsylvanian ever obtained his lands by openly and humbly

kneeling before his lord, being ungirt, uncovered, and holding up his hands
both together between those of the Lord, who sat before him, and there
professing that he did become his man from that day forth, for life and limb,
and certainly honour, and then receiving a kiss from his lord? 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.
We are then to regard the Revolution and these Acts of Assembly as

emancipating every acre of soil of Pennsylvania from the grand
characteristics of the feudal system. Even as to the lands held by the
proprietaries (City of Philadelphia) themselves, they held them as other
citizens held, under the
Commonwealth, and that by a title purely allodial. [Wallace v Hanmtad, 44
Pa. 492, (1863))
So, the people had a right to allodial land titles as a direct result of the
Declaration of Independence and the War for Independence that followed.
A holder of an allodial title, (i.e., there being no Superior or overlord)
cannot be taxed on that property against his consent. There [119] could be
a transfer or sales tax imposed by the State at the time of purchase, but no
taxation on the property itself against the owner's consent. And yet, the
taxation of property soon became the custom, and not the exception, in this
country. Why and How?
When taxation of real property began, because of "the confusion of

ideas that prevails on this subject," the people unknowingly, and voluntarily
accepted the premise that government was the Superior and the legal title
holder; and their interest in the land was merely an equitable one. This
voluntary acceptance constituted tacit consent to a feudal contract. King
George, once again, was back in America.
When the gigantic public trust was implemented in 1913 via the Federal
Reserve Act, no immediate changes with regard to this master/serf
relationship between government and landholder were necessary. 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. they held legal title. This was accomplished by allowing the same
taxing agencies to act as administrating agents for this newly formed trust.
With the feudal tenant registered as a beneficiary of this trust via a Birth
Certificate, and title to the land held in trust, further involvement and the
consequent subjection to the controls of management was left to the
individual. For example: The farmer/tenant was left to his own devices and
discretion as to what to plant, when to plant, how much to plant, etc. - as
long as he paid his tithes to - the tax collector (now, in actuality, a collector
of interest and/or insurance, [120] premiums). However, when he applied,
for, and received, such "benefits" as farm subsidy, government supported
grain storage, etc., he became further bound to the trust and incurred
certain additional obligations and duties, he voluntarily subjected himself to
the coercive terms of adhesion. Now, he could be ordered and directed as
what to plant, where to plant, when to plant, how much of each crop, and
even be ordered to destroy crops already in existence. If he thought that
such coercive, and apparently insane, actions were violative of his rights to
due process of law and went to court, as many farmers did, he lost; and the
court did not tell him that a contract was being enforced against him in
which he had voluntarily subjected himself to its coercive terms.
If he had understood the facts and the applicable law, as it applies to

those facts, he could have used the law to extricate himself from such an
intolerable situation, in lieu of having the law used against him.
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. They also knew that manipulation of the
money supply, via debt, would ultimately take from the people their
substance by concentrating the property into the hands of a few. [121]
According to conservative estimates, possibly half a million U.S. farmers

will be driven from the land in the next several years. Jim Hightower had
put the goal of the past administration at 10,000 super farms and there is
no reason to believe that this is also not the goal of the present
administration or any administration. Mr. Hightower is the Texas
Commissioner of Agriculture. A total of 10,000 farms for the nation has
been the i!oal of public policy, i.e., the policy of the Board of Govemors of
the Federal Reserve, our trustees, ever since its Committee for Economic
Development wrote its Adaptive Program for Agriculture.
Mortgage foreclosures of equitable title interests are on the increase,

and are the means of implementing this public policy.
The best title one can acquire from a title comp is a "Fee Simple
Absolute" defined as:
A fee simple absolute is an estate limited absolutely to a man and his

heirs and assigns forever without limitation or condition.
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."
ESTATE: The degree, quantity, nature, and extent of interest which a

person has in real property is usually referred to as an estate, and it varies
from absolute ownership down to naked possession. (Black's Law
Dictionary)
Thus, "fee simple absolute" is an over broad, catch-all, phrase that

encompasses all interests in land from allodial down to naked possession.
It in no way describes or defines your vested interest in the land. Clearly, if
the land is in trust, with legal title being held by the trustees of that trust,
you do not possess allodial title. In order to discover your particular interest
in this "fee simple absolute" (your degree of serfdom), we must know of all
adhesion contracts you have consummated, placing additional burdens
and restrictions upon your use of that land.
Maybe we are beginning to understand the legal basis for planning

commissions, land use permits, building permits, etc., etc... The bottom line
is the degree, quantity, nature, and extent of interest; and which party to
the contract(s) possesses what.
What we are going to examine now is how one, as a free sovereign, can
claim allodial title to property hypothecated to a trust governed by the
Monetary Power. [123]
The formula of the Monetary Power for a world program to deprive

landowners of their lands has been stated thus:
We shall soon begin, to establish huge monopolies, colossal reservoirs

of wealth, upon which even the big ... properties will be dependent to such
an extent that they will all fall together with the government credit on the
day following the political catastrophe. The economists here present, must
carefully weigh the significance of this combination. We must develop, by

every means, the importance of OUR SUPER GOVERNMENT,
REPRESENTING IT AS THE PROTECTOR AND BENEFACTOR OF ALL
WHO VOLUNTARILY SUBMIT TO US. (join the Trust wherein "US" are the
trustees)
The aristocracy ... as a political force has passed away. We need not
take theirs into consideration. But, as owners of land, they are harmful to
us in that they are independent in their sources of livelihood.
THEREFORE, AT ALL COSTS, WE MUST DEPRIVE THEM OF THEIR
LAND.
THE BEST MEANS TO ATTAIN THIS, IS TO INCREASE THE TAXES

AND MORTGAGE INDEBTEDNESS. These measures will keep land
ownership in a state of unconditional subordination ...
At the same time, IT IS NECESSARY TO ENCOURAGE ...

ESPECIALLY... SPECULATION... 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. It is necessary for industry to deplete the land both of and through
speculations, transfer all the money of the world into our hands....
To destroy... industry, we shall, as an incentive to this speculation,

encourage - a strong demand for luxuries, all enticing luxuries.
We will force up waies-which however will be of no benefit to the

workers, for we will at the same time cause a rise in the prices of 12rime
necessities, pretending that this is due to the decline of agriculture and
cattle raising....
That THE TRUE SITUATION SHALL NOT BE NOTICED

PREMATURELY, (before recognition of the Anti-Christ), WE WILL MASK
IT, BE A PRETENDED EFFORT TO SERVE THE WORKING CLASS AND
PROMOTE GREAT ECONOMIC PRINCIPLES, FOR WHICH AN ACTIVE
PROPAGANDA WILL BE CARRIED ON THROUGH OUR ECONOMIC
THEORIES.[A]
Part 11: Color of Title [B)
Today, the American based system establishing land ownership consists

of three key requirements. These three are the warranty deed or some
other @ of deed purporting to convey ownership of land, title abstracts to
chronologically follow the development of these different types [125] of
deeds to a piece of property, and title insurance to protect the ownership of
that land. These three ingredients must work together to ensure a
systematic and orderly conveyance of a piece of property. None of these
three by itself can act to completely convey possession of the land from
one person to another. At least two of the three are always deemed
necessary to adequately satisfy the legal system and real estate agents
that the title to tile property has been placed in the hands of the purchaser.
Often, all three are necessary to properly pass the ownership of the land to
the purchaser. Yet does the absolute title and the ownership of the land
really pass from the seller to purchaser with the use of any one of these
three instruments or in any combination thereof? None of the three by itself
passes the absolute or allodial title to the land, the system of land
ownership in America originally operated under, and even combined, all
three can not convey this absolute type of ownership. What then, is the
function of these three instruments that are used in land conveyances; and
what type of title is conveyed by the three? Since the abstract only traces
the title and the title insurance only insures the title, the most important and
therefore the first group to examine are the deeds that purportedly convey
the fee from seller to purchaser.
These deeds include the ones as follows: warranty deed, quit-claim

deed, sheriff's deed, trustee's deed, judicial deed, tax deed, will, or any
other instrument that purportedly conveys the title. Each of these
documents state that it conveys the ownership to the land. Each of these,
however, is actually a color of title. [G. Thompson, Title to Real Property,
Preparation and Examination of Abstracts Ch. 3, Section 73, p. 93 (1919).
[126]
A color of title is that which in appearance is title but which in reality is

not title; [B] (1) and, in fact, any instrument may constitute color of title
when it purports to convey title to the land, as well as the land itself,
although it is void as a muniment of title. [BI (2). The Supreme Court of
Missouri has stated:
[when we say a person has a color of title, whatever way be the meaning
of the phrase, we express the idea, at least, that act has been previously
done ... by which some title, good or bad, to a parcel of land of definite
extent has been conveyed to him. [St. Louis v Gorman, 29 Mo. 593 (1860)]
In other words, a color of title is an appearance of apparent title, an

"image" of the true title, hence the qualification "color or which, when
coupled with possession, purports to convey the ownership of the land to
the purchaser. However, this does not say the color of title is the actual or
true title itself, nor dies it say the color of title itself actually conveys
ownership. In fact the claimant or holder of a color of title is not even
required to trace the title through the chain down to his instrument. [BI (3).
Rather it may be said a color of title is prima facia evidence of ownership of
land, and rights to possession of the land until such time as that
presumption of ownership is disproved by a better title or the actual title
itself. If such cannot be proven to the contrary, then ownership of the land
is assumed to have passed to the occupier of the land. 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. [B] (4). [127]
With such knowledge of what a color of title is, it is interesting to

discover what constitutes colors of title:
1. Warranty deed - A warranty deed is like any other deed or

conveyance, [B] (5) and a warranty deed or conveyance is a color of title.
IBI (6).
2. Deeds generally - Deeds constitute colors of title (BI (7) and a deed
that purports to convey interest in land is a color of title. [B] (8) A deed
which, on its face, purports to convey a title constitutes a claim and color of
title. [B] (9).
3. Quit-claim deeds - A quit-claim deed is a color of title [B] (10) and can
pass the tide as effectively as a warranty with full covenants. [B] (I 1).
4. decds, and tax deeds are also colors of title [B] (12), as are Judicial
deeds [B] (13). The Illinois Supreme Court went into detail in its
determination that a tax deed is only a color of title:
There the complainant seems to have relied upon the tax deed as
conveying to him the fee, and to sustain such a bill, it was incumbent of
him to show that all the requirements of the law had been complied with.
[Huls v Buntin, 47 111. 396 (1865)) [128]
A simple tax deed by itself is only a color of title and does not meet all
the requirements of the law for a fee simple, allodial title. Thus any tax
deed which purports, on its face, to convey title is a good color of title. [B]
(14).
5. Wills - A will passes only a color of title and can pass only so much as
the testator owns, though it may attempt to pass more. [B] (15).
6. Trustee's deed, mortgage and foreclosure - A trustee's deed, a

mortgage and strict foreclosure [B] (16) or any document defining the
extent of a disseisor's claim or purported claim [B] (17) have all been held
to be colors of title:
ltlhere is nothing here requiring a deed, to establish a color of title, and

under the former decisions of this court, color of title may exist without a
deed. [Baldwin v Ratcliff, 125 Ill. 376, 383 (1888).]
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. [B] (18).
None of these cases have been overruled and are still valid, well
established, law. All of the documents described in these cases are the
main avenues of claimed land ownership in America today; yet, none
actually conveys the true and allodial title. They in fact convey something
quite different.
[129]
When it is stated that a color of title conveys only an appearance of title,

such a statement is correct but, perhaps, too vague to be properly
understood in its correct legal context. Of better use are the more
pragmatic statements conceming tide. A title, or color of title, in order to be

effective in transferring the ownership, or purported ownership, of the land
must be a marketable or merchantable title.
A marketable or merchantable title is one that is reasonably free from

doubt. [B] (19). This title must be reasonably free from doubts as
necessary to not affect the marketability or salability of the property, and
must be a title a reasonably prudent person would be willing to accept. (B]
(20). Such
a title is often described as one which would ensure to the purchaser a

peaceful enjoyment of the property [B] (21); and it is stated that such a title
must be obvious, evident, apparent, certain, sure or indubitable. [B] (22).
Marketable Title Acts adopted in several states generally do not lend

themselves to an interpretation that they might operate to provide a new
foundation of title based upon a stray, accidental, or interloping
conveyance. Their object is to provide for the recorded, fee simple
ownership an exemption from the burdens of old conditions,, which at each
transfer of the property interferes with its marketability. [B] (23). What each
of these legal statements in the various factual situations says is that the
color of title is never described as the absolute or actual title, rather each
says that"is one of the types of titles necessary to convey ownership or
apparent ownership. In order for a title to be effective it must be marketable
- it must be a title which is good of recent record even if it may not be the
acwal titje in fact. [B] (24). [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. [Cummings v Dolan, 52 Wash. 496, 100 P. 989 (1909)]
The record referred to is the title of abstract and all documentary

evidence pertaining to it:
It is an axiom of hornbook law that a purchaser has notice only of

recorded instruments that are within his chain of title. II R. Patton & C.
Patton, Patton on Land Titles. Section 69, at 230-233. (2nd ed. 1957);
Sabo v Tiorvath, 559 P. 2d 1038, 1043 (Ak. 1976)]
Title insurance then guarantees that a title is marketable but not

absolutely free from doubt, and under the color of title system used most
often in this country today, no individual operating under this type of title
system has the absolute or allodial title. All that is really necessary to have
a vlid title is to have a relatively clean abstract with a recognizable color of
title as the operative marketable title within the chain of title. It therefore
becomes necessarily difficult, if not impossible after a number of years,
considering the inevitable contingencies that must arise and the title
disputes that will occur, to ever properly guarantee an absolute title. This is
not necessarily the fault of the seller, but it is the fault of the legal and real
estate systems for allowing such a diluted form of title to be controlling in
an area where it is imperative to have the absolute title. In order to correct
this problem, it is important to return to those documents the early leaders
of the nation created to properly ensure that property remained one of the
inalienable rights the newly established sovereign freeholders could rely on
[131] to always exist. This correction must be in the form of restricting or
perhaps eliminating the widespread use of a marketable title and refuming
to the absolute title.
Part Ill: LAND Patents - Why They Were Created
The Americans had a choice as to how they wanted their new

government and country to be formed. Having broken away from the
English sovereignty and establishing themselves as their own sovereigns,
they had their choice of types of taxation, freedom of religion, and most
importantly ownership of land. The Founding Fathers chose allodial
ownership of land for the system of ownership in this country:
After the American Revolution, lands in this state (Mmyland) became

allodial, subject to no tenure nor to any services incident thereto. [in re
Waltz et al., Burlow v. Security Trust and Savings Bank, 240 P. 19 (1925),
quoting Matthews v Ward, 10 Gill & J. (Md.) 443 (1839)].
The tenure referred to in this case was the feudal tenure and the
services or taxes required to be paid to retain possession of the land under
the feudal system. This new type of ownership was acquired in all thirteen
states. [B] (25).
The basis of English land law is the ownership of the realty by the
sovereign and from the crown all titles flow. [B] (26). It was stated this way
in the case of McConnell v Wilcox: [132]
From what source does the title to the land derived from a government
spring? In arbitrary governments, from the supreme head - be he the
emperor, king or potentate; or by whatever name he is known. In a
republic, from the law making or authorizing to be made the grant or sale.
In the first case, the party looks alone to his letters patent; in the second, to
the law and the evidence of the acts necessary to be done under the law,
to a perfection of his grant, donation or purchase ... The law alone must be
the fountain from whence the authority is drawn; and there can be no other
source. [I Scam. Ill. 344, 367 (1837)]
The American people as newly established sovereigns after the

Revolutionary War, became complete owners in their land beholden to no
lord or superior, sovereign freeholders in the land themselves. These
freeholders in the original thirteen states now held allodial the land they
possessed before the war only feudally. This new and more powerful tide
protected the sovereigns from unwarranted intrusions or attempted takings
of their land. More importantly, it secured in them a right to own land
absolutel in perpetuity. By definition, the word perpetuity means:
Continuing forever. Legally, pertaining to real property, any condition

extending the inalienability... [Black's Law Dictionary, p. 1027 (5thed.
1980).]
In terms of an allodial title, it is to have the property of inalienability

forever. Nothing more need be done to establish the ownership of the
sovereigns to their land, although confirmations were usually required to
avoid possible future title confrontations. [133]
The Constitution in its original form was ratified by a convention of the

states on September 17, 1787. The Constitution and the government
formed under it were declared in effect on the first Wednesday of March,
1789. Prior to this tine, during the Constitutional Convention, there was
serious debate on the disposal of what the convention called the "Western
territories," now the states of Ohio, Indiana, Illinois, Michigan, Wisconsin
and part of Minnesota,, more commonly known as the Northwest Territory.
This tract of land was ceded to the new American republic in the treaty
signed with Britain in 1783.
Part of the method by which the new United States decided to dispose of
its territories, was stipulated in Article IV, Section 111, Clause 2, of the U.S.
constitution:
The Congress shall have the power to dispose of and make all needful
Rules and Regulations respecting the Territory or other Property belonging
to the United States.
Thus, Congress was given the power to create a vehicle to divest the
National government of all its right and interest in the land. This vehicle
known as the land patent, was to forever divest the government of its land
and was to place such total ownership in the hands of the freeholders who
collectively created the government. The land patents issued prior to the
initial date of recognition of the United States Constitution were ratified by
the members of Constitutional Congress. Those patents created by statute
after March, 1789, had the Congressional intent behind such statutes as a
reference and basis for the determination of their powers and operational
effect. [134]
There have been dozens of statutes enacted pursuant to Art. Art. IV

Sec. 111, Cl. 11. [B] (27). Some of these statutes had very specific intents
of aiding soldiers of wars or dividing lands in a very small region of one
state, but all had the main goal of creating in the sovereigns - freeholders
on their lands - a status in which they were beholden to no lord or superior.
One of these acts however, was the main patent statute in reference to the
intent Congress had when creating the patents. That Statute is 3 Stat. 566.
In order to understand the validity of a patent in today's property law, it is

necessary to turn to other sources than the acts themselves. These
sources include the Congressional debates and case law citing such
debates. The best source is the Abridgment of the Debates of Congress,
Monday, March 6, 1820. This abridgment and the actual debates found in it
concern 3 Stat, 566, one of the most important of the land patent statutes.
In this important debate, the reason for such a particular act in general
and the protection afforded by the patent in particular were discussed. As
Senator Edwards stated:
But, he said, it is not my purpose to discuss, at large, the merits of the

proposed change. I will, at present, content myself with an effort, merely, to
shield the present settlers upon public lands from merciless speculators,
whose cupidity and avarice would unquestionably be tempted by the
improvements which those settlers have made with the sweat of their
brows, and to which they, have been encouraged by the conduct of the
government itself; for though they might be considered as embraced by the
letter of the law which provides against intrusion [135] on public lands, yet,
that their case has not been considered by the Government as within the
mischiefs intended to be prevented is manifest, not only from the
forbearance to enforce the law, but from the positive rewards which others,
in their situation, have received, by the several laws which have heretofore
been granted to them by the same right of preemption which I now wish
extended to the present settlers. Ild. at 456.1
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. [Id. at 456-571]
In other statutes, the Supreme Court recognized much of these same
ideas.
The object of the Legislation is manifest. It was intended to prevent

speculation by dealings for rights of preference before the public lands
were in the market. The speculator acquired power over choice spots, by
procuring occupants to seat themselves on them and who abandoned
them as soon as the land was entered under their preemption rights, and
the speculation accomplished. Nothing could be more easily done than
this, if contracts of this [136] description could be enforced. The Act of
1830, however, proved to be of little avail; and then came the Act of 1838
(5 stat. 251) which compelled the preemptor to swear that he had not made
an arrangements by which the title might inure to the benefit of anyone
except himself, or that he would transfer it to another at any subsequent
time. This was preliminary to the allowing of his entry, and discloses the
policy of Congress. (United States v Reynes, 9 How. U.S. 127 (1850)]
Congress has the sole power to declare the dignity and effect of titles
emanating from the United States and the whole legislation of the
government must be examined in the determination of such titles. [B] (28).
It was clearly the policy of congress, in passing the preemption and patent
laws, to confer the benefits of those laws to actual settlers upon the land.
[B] (29). The intent of Congress is manifest in the determinations of
meaning, force, and vested in the patent. These cases illustrate the power
and dignity given to the patent. It was created to divest the government of
its lands, and to act as a means of conveying such lands to the generations
of people that would occupy those lands. This formula, "or his legal
representatives," embraces representatives of the original grantee in the
land, by contract, such as assignees or grantees, as well as by operation of
law, and leaves the question open to inquiry in a court of justice as to the
party to whom the patent, or confirmation, should enure. [B] (30). 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. The patent was created with
these high and grand intentions, and was created with such intentions for a
sound reason. [137]
Part IV: The Power And Authority Of A Patent
Legal titles to lands cannot be conveyed except in the form provided by

law. IBI (31) Legal title to property is contingent upon the patent issuing
from the government. [B] (32) That the patent canes the fee and is the best
title known to a court of law is the settled doctrine of this court. [Marshall v
Ladd, 7 Wall. (74 U.S.) 106 (1869).]
A patent issued, by the government of the United States is legal and

conclusive evidence of title to the land described therein. No equitable
interest, however strong, to land described in such a patent, can prevail at
law, against the patent. [Land Patents, opinions of the United States
Attomey General's office. (Sept. 18691
A patent is the highest evidence of title, and is conclusive against the

government and all claiming under junior patents or titles, until it is set
aside or annulled by some judicial. [Stone v United States, 2 Wall. (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 tide in the patentee. When there is a confrontation
between two parties as to the superior legal title, the evidence as to
ownership. [B] (33). Congress having the sole power to declare the dignity
and effect of its titles has declared the patent to be the superior and
conclusive evidence of the legal title. [B] (34). [138]
Issuance of a government patent granting title to land is 'the most

accredited type of conveyance known to our law'. (United States v Creek
Nation, 295 U.S. 103, Ill (1935); see also United States v Cherokee Nation,
474 F. 2d 628, 634 (1973)]
The patent is the only evidence of the legal fee simple title. (B] (35).
These various cases and quotes illustrate one fact that should be
thoroughly understood. THE PATENT IS THE HIGHEST EVIDENCE OF
TITLE AND IS CONCLUSIVE OF OWNERSHIP OF LAND IN COURTS OF
COMPETENT JURISDICTION.
Part V: Treaties - The Substance Of Federal Land Patents
The question of supremacy of confirmed federal patent proceedings,

pursuant to an 1851 Act that had been enacted to implement the Treaty of
Guadalupe Hidalgo in 1848, versus a claimed public trust easement by the
City of Los Angeles, and State of California, was decided by the United
States Supreme Court in April, 1984 (Summa Corporation v State of
California, 104 U.S. 1751) In this case petitioner (Summa Corporation)
owned the fee title to the Bailona Lagoon, a narrow body of water
connected to a manmade harbor located in the City of Los Angeles on the
Pacific ocean. 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. Petitioner's predecessors-in-interest had their interest in
the lagoon confirmed in federal patent proceedings pursuant to an 1851
Act to implement the treaty, which provided that the validity of claims to
California lands would be decided according to Mexican law. California
made no [139] claim to any interest in the lagoon at the time of the patent
proceedings, and no mention was made of any such interest in the patent
that was issued.
Los Angeles brought suit against petitioner in a Califomia state court,

alleging that the city held an easement in the Bailona lagoon for
commerce, navigation, fishing, passage of fresh water to canals, and water
recreation; such an easement having been acquired at the time Califomia
became a State. Califomia was joined as a defendant as required by state
law and filed a cross-complaint alleging that it had acquired such an
easement upon its ad- mission to the Union and had granted this interest to
the city.
The trial court ruled in favor of the city and State, finding the lagoon was
subject to the claimed public easement. The Califomia Supreme Court
affirmed, rejecting petitioner's arguments that the lagoon had never been
tideland. Even if it had been, Mexican law imposed no servitude on the fee
interest by reason of that fact, and such a servitude was forfeited by the
State's failure to it in the federal patent proceedings. The Supreme Court
ruled as follows:
The question we face is whether a property interest so substantially in
derogation of the fee interest patented to petitioner's predecessors can

survive the patent proceedings conducted pursuant to the statute
implementing the Treaty of Guadalupe Hidalgo ...
CALIFORNIA ARGUES THAT SINCE ITS PUBLIC TRUST

SERVITUDE IS A SOVEREIGN RIGHT, THE INTEREST DID NOT HAVE
TO BE RESERVED EXPRESSLY [140] ON THE FEDERAL PATENT TO
SURVIVE THE CONFIRMATION PROCEEDINGS...
The necessary result of the Coronado Beach decision (U.S. v Coronado

Beach Co., 255 U.S. 472 (1921), is that even "sovereign" claims such as,
those raised by the State of California in the present case must, like other
claims, be asserted in the patent proceedings or be barred...
Those decisions control the outcome of this case. WE HOLD THAT

CALIFORNIA CANNOT AT THIS LATE DATE ASSERT ITS PUBLIC
TRUST EASEMENT OVER PETITIONERS PROPERTY, WHEN
Petitioner's PREDECESSORS-IN-INTEREST HAD THEIR INTEREST
CONFIRMED WITHOUT ANY MENTION OF SUCH AN EASEMENT in
proceedings taken pursuant to the Act of 1851. The interest claimed by
California is one of such substantial magnitude that ... (it) must have been
presented in the patent proceedings or be barred.
Part VI: The Land Acquisition Treaties [C]
Northwest Ordinance:
A resolution of Congress that merely stated its intent that the territory
shall be divided into three to five states to be created upon the existence of
a certain number of inhabitants required to become states of the Union.
The Ordinance was not a treaty. Its subject matter was part of [141] all
territory gained from Great Britain under the Treaty of Peace with Great
Britain, 1783, 8 Stat. 80.
Treaty of Peace, 8 Stat. 80 (1783):
The boundaries of the territory are given in Article 11 of the treaty, i.e.,
the western boundaries of those states today known as Mississippi,
Tennessee, Kentucky, Illinois and Minnesota - all the states from the
Mississippi River and eastward to include the, original 13 colonies.
Therefore, every federal land patent in every state thereof flows from that
treaty.
Treaty Of Cession, 8 Stat. 200 (April 20, 1803):
This was the famous "Louisiana Purchase" from which was gained the
following states: Louisiana, Arkansas, Oklahoma, Kansas, Nebraska, Iowa,
Wisconsin, North and South Dakota, Montana, Wyoming, and the
Northeast two thirds of Colorado.
Treaty Of Ghent: 8 Stat. 218 (October 20, 1818):
Merely established the northern boundary of the Louisiana Purchase as

the 49th parallel to the Rocky mountains. [142]
The Oregon Treaty, 9 Stat. 869 (June 15, 1846):
An agreement with Great Britain that gave the United States undisputed
claim to the Pacific Northwest south of the 49th parallel. The states created
from this acquisition are Oregon, Washington, Idaho, and the southwest
corner of Wyoming.
Treaty Of Guadalupe Hidalgo, 9 Stat. 922 (1848):
Following the War with Mexico, under this treaty, the United States paid
Mexico $15 million dollars in gold coin for reparations, and the territory now
known as the states of Califomia, Nevada, Utah, Arizona, and the western
portions of Colorado and New Mexico.
It is noteworthy that all lands under this treaty, purchased by private

individuals from the United States, were paid for in gold and silver coin,
after which a federal land patent was confirmed and issued to the private
claimant.
Because of the confusion of land claims by the Gold Rush settlers on

Mexican land grants, Congress enacted the Act of Congress, March 3,
1851, to ascertain and settle the private land claims in the State of
Califomia. For the first time, a Land Commissioner was established to
confirm the claims and the Court of Private Land Claims was established to
settle disputes before final confirmation by what is now known as the U.S.
Bureau of Land Management under the present Department of the Interior
of the United States. The Act of 1851 established [143] a two year limit to
contest claims, after which the confirmed land claims were closed forever
by the issuance of a federal land patent that generally included the phrase:
given this day to his heirs and assigns forever.
No claims could be made after the issuance date of the patent. This is
what Summa (supra) was all about. The two year limitation on contests of
federal land patents issued to private land claimants was extended by the
Act of March 3, 1891, and is still in force today.
Gadsden Purchase, 10 Stat. 1031 (Dec. 30, 1853):
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 treaty. Hence, that
southernmost portion is, in actual fact included in the Treaty of Guadalupe
Hidalgo. All feudal land patents in this area also flow from treaty law.
Cession of Texas:
Texas was annexed to the United States by the independent vote of the
inhabitants. [144]
While the Cession of Texas is a treaty, it was annexed as a House Joint

Resolution (HJR) and it should be reasonably certain that its inhabitants
had the same protection as those given under treaty law.
Part VII: The Supremacy Clause [C]
The lead case which said treaty law cannot be interfered with by a state
legislature is Ware v Hytton (1796), 3 Dall. (3 U.S. 199). In this case, the
Supreme Court held that a treaty is the supreme law of the land, pursuant
to Article VI, Section 2 of the United States Constitution. ... and the judges
in every state shall be bound thereby, anything in the Constitution or the
laws of any State to the contrary notwithstanding... ... any act of the
legislature cannot stand in the way because a treaty is
the declared will of the people of all the United States and shall be superior
to the constitution and laws of any individual state.
In other words, federal land patents put into evidence by a land owner
cannot be challenged by a state court because it flows from a United

States treaty and, therefore no court has -jurisdiction over title or ownership
to land traced to this paramount source of title. Only private citizens were
given federal land patents, hence the term "private land claim, "or "PLC, "
used by the Bureau of Land Management as the date of the original patent.
[145]
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 superiority of title to land owners who have
"perfected" their land by federal land patent. Jurisdiction by any state court
is invalid. Since federal land patents cannot be collaterally attacked as to
their validity or authenticity as the highest evidence of title, no mortgage
institution can claim title to land by its "lien." Certified federal land Patents
were given free and clear allodial title with no encumbrances, then and
now!
43 USC 59 establishes duly certified copies of federal land patents

shall be evidence in all cases where originals would be evidence. Section
57 covers the states of Oregon and California. Section 58 covers
Louisiana.
43 USC 83 covers the evidentiary effect of certified federal land patents

for all states. All the courts in the United States must take judicial notice of
these federal patents and their evidentiary effect under these federal
statutes. If the patents are not certified when entered into evidence, any
court may ignore the patent and overrule it as evidence of superior or
paramount title versus the mortgage lien, the county tax assessment, etc..
The Act of Congress, March 3, 1851, since updated by the Act of

Congress, 1891, stated anyone who was establishing a claim had to have
it confirmed by the United States Land Commission. If no one protested
that claim within a two year period, it could no longer be attacked under
any circumstances, it was final. This is what the Summa case addressed.
When the United States Supreme Court interprets a federal statute, the
courts of every state are bound by that interpretation. [146]
The key to finding case law in every state upholding federal treaty and
its laws can be found in its law libraries in the Key Digest under "public
lands". Am. Jur, 2d is the starting point to find the case law on treaties as
they pertain to decisions in the states.
Part VIII: In Summary
The federal land patent is the paramount or common source of titles

from the united States government. It is the mechanism and procedure for
an individual to lay claim to his right to allodial title of land, as was
established by the Declaration of Independence (our first organic Law) and
the
War for Independence that followed.
A free sovereign individual who has a perfected federal land patent in his
possession, is in a very enviable position at law. No one can take that land
from him without first proving they have a superior vested right in the land,
and that is not possible.
For example, a title company insures "good title" and a bank has given a
farmer a loan on those grounds. Basically the title insurance company is at
fault; they did not search that title back far enough to its original source to
see who owned the land. If the bank subsequently attempts to foreclose,
the farmer, who has done his homework properly should win. Any
remaining controversy is between the bank and the title insurance
company. In this example, it appears that it does not matter whether the
farmer is an heir or assign, the bank has to prove it has superior title in that
land in order to take it over. [147]
Anyone who has purchased foreclosed lands has done so without

guaranty of clear title, including IRS and state taxing agency foreclosures.
By perfecting a federal land patent, a free sovereign should now be in a
position to go on the offense. [148]
BIBLIOGRAPHY
[B] "Memorandum of Law - History, Force, and Effect of the Land Patent".
(1) Wright v Mattison, 18 How. (U.S.) 50 (1855).
(2) Joplin Brewing Co. v Payne, 197 Mo. 422, 94 S. W. 896 (1906).
(3) Rawson v Fox, 65 111. 200 (1872).
(4) Davis v Hull, 92 111. 85 (1879).
(5) Mahrenholz v County Board of School Trustees of Lawrence County,

et. al., 93 111. App. 3d 366 (1981).
(6) Dempsey v Bums, 281 111. 44, 650 (1917).
(7) Dryden v Newman, 110 111. 186 (1886).
(8) Hinckley v Green, 52 111. 223 (1869).
(9) Busch v Huston, 75 Ill 343 (1874); Chickering v Failes, 26 Ill. 508
(1861).
(10) Sufford v. Stubbs, 117 Ill. 389 (1886).
(11) Grant v Bennett, 96 Ill, 513, 525 (1880).
(12) Kendrick v Latham, 25 Fla. 819 (.1889).
(13) Huls v Buntin, 47 Ill. 396 (1865).
(14) Walker v Converse, 148 Ill. 622, 629 (1894); see also Peadro v
Calliker, 168 Ill. 570 (1897); Chicago v Middlebrooke, 143 Ill. 265 (1892);
Piatt County v Goodell, 97 Ill 84 (1880); Stubblefield v Bordors, 92 Ill,
284 (1879); Coleman v Billings, 89 Ill 183 (1878); Whitney v Stevens, 89 Ill.
53 (1878); Thomas v Eckard, 88 Ill 593; Holloway v Clarke, 27 Ill. 483
(1861). [149]
(15) Baldwin v Ratcliff, 125 Ill. 376 (1888); Bradley v Rees, 113 Ill. 327
(1885).
(16) Chickering v Failes, 26 Ill. 508, 519 (1861).
(17) Cook v Norton, 43 Ill. 391 (1867).
(18) Burgett v Taliaferro, 118 Ill. 503 (1886); see also Connor v Goodman,
104 Ill. 365 (1882); County of Piatt v Goodell, 97 Ill. 84 (1880); Smith v
Ferguson, 91 Ill. 304 (1878); Hassett v Ridgely, 49 Ill. 197 (1868); Brooks v
Bruyn, 35 Ill. 391 (1864); McCagg v Heacock, 34 Ill. 476 (1864); Bride v
Watt, 23 Ill. 507 (1860); and Woolward v Blanchard, 16 Ill. 424 (1855)
(19) Austin v Barnum, 52 Minn. 136 (1892).
(20) Roberts v McFadden, 32 Tex. Civ. App. 47; 74 S.W. 105 (1903).
(21) Barnard v Brown, 112 Mich. 452; 70 N.W. 1038 (1897)
(22) Ormsby v Graham,, 123 Ia. 202; 98 N.W. 724 (1904).
(23) Wichelman v Messner, 83 N.W. 2d 800, 806 (1957).
(24) Close v Stuyvesant, 132 Ill 607; 24 N. E. 868 (1890).
(25) Wallace v Harmstead, 44 Pa. 492 (1863).
(26) People v Richardson, 269 Ill. 275; 109 N.E., 1033 (1944)
(27) 12 Stat. 392, 37th Cong., Sess. 11, Ch. 75, (1862) (the Homestead
Act); 9 Stat. 520, 31st Cong., Sess. 1, Ch. 85, (1850) (Military Bounty
Service Act); 8 Stat. 123, 29th Cong., Sess. 11, Ch. 8, (1847) (Act to raise
additional military force and for other purposes); 5 Stat. 444, 21st Cong.,
Sess. 11, Ch. 30 (1831); 5 Stat. 51, 18th Cong., Sess. 1, Ch. 174, (1824);
5 Stat. 52, 18th Cong., Sess 1, Ch. 173, (1824); 5 Stat. 56, 18th Cong.,
Sess., 1, Ch. 172, (1824); 3 Stat. 566 16th Cong., Sess. 1, Ch. 51, (1820)
(the major land patent statute enacwd to dispose of [150] lands); 2 Stat.
748, 12th Cong., Sess. 1, Cli. 99, (1812); 2 Stat. 728, 12th Cong., Sess. 1,
Ch. 77, (1812); 2 Stat. 716, 12th Cong., Sess. 1, Ch. 68, (1812) (the Act
establishing the General Land Office in the Department of the Treasury); 2
Stat. 590, 1 Ith Cong., Sess. 11, Ch. 35, (1810); 2 Stat. 437, 9th Cong.,
Sess. 11, Ch. 34, (1807); and 2 stat. 437, 9th Cong., Sess. 11, Ch. 31,
(1807).
(28) Bagnell v Broderick, 38 U.S. 436 (1839).
(29) Close v Stuyvesant, 132 lit. 607, 617 (1890).
(30) Hogan v Page, 69 U.S. 605,,(1864).
(31) McGarrahan v Mining Co., 96 U.S. 316 (1877).
(32) Sabo v Horvath, 559 p. 2d 1038, 1040 (Aka. 1976).
(33) Gibson v Chouteau, 13 Wall. 92 (1871).
(34) Bagnell v Broderick, 38 U.S. 438 (1839).
(35) McConnell v Wilcox, I Scam. (Ill.) 381 396 (1837). [C] "Acres U. S. A.,
A Voice for Eco-Agriculture, " November 1984, Volume 14, No. I 1; 10008
East 60th Terrace, Kansas City, Mo. 64113: (An interview with Carol Landi)
[D) Common Law Liens," from "Memorandum of L-aw - History, Force, and
Effect of the Land Patent, n (supra).
(1) 1 Kent Commentaries, 471; Western Union Telegraph Company v Call

Publishing Company, 181 U.S. 765, 770 (1901)
(2) Karlson v Murphy, 56 N.E. 2d 839, 387 Ill. 436 (1944); [151] People
exrel. Board of Trustees of University of Illinois v Barret, 46 N.E. 2d 951,
382 Ill. 321 (1943).
(3) Mudge v Mitchell Hutchins and Co., 54 N.E. 2d 708. 322 Ill. App. 409
(1944); Heineman v Hermann, 52 N.E. 2d 263, 385 Ill. 191 (1943).
(4) Williamson v Winningham, 186 P. 2d 644 650 (Okla. 1947); see also 42
Okia. S. 1941 sec. 9.
(5) Williamson (supra) at 650; (Okla. 1947); Cincinnati Tobacco

Warehouse Co. v Lefevre, 146 N.W. 653, 654 (1914)- Sullivan v Sudiak,
333 N.E. 2d 60, 30 Ill. App. 3d 899 (Ill. App. 1975); linger v Checker Taxi
Co., 174 N.E. 2d 219, 30 Ill. App. 2d 238 (Ill. App. 1947);
(6) Sullivan (supra) at 899; Deitchman v Corach, 71 N.E., Id. 367, 330 Ill.
App. 365 (Ill. App. 1947);
(7) 51 Am. Jur. Sect. 20.
(8) Williamson (supra) at 650; Boston and Kansas City Cattle Loan Co. v
Dickson, 11 Okla. 680, 69 P. 889 (1902).
(9) Williamson (supra) at 650; Boston and Kansas City Cattle Loan Co. v
Dickson, 11 Okla. 680, 69 p. 889 (1902).
(10) 51 Am. Jur., Sect. 21.
(11) 33 Am. Jur. 419, Sect. 2; City of Sanford v McCleland, 121 Fla. 253,
163 So. 513 (1935); Small v Robinson, 69 Me. 425 (1879).
(12) Peck v Janness, 7 How. (U.S.) 612 (1849).
(13) Williamson (supra): See also Robert v Jacks, 31 Ark. 597 (1876);
Marston v Miller, 35 Me. 153 (1852); Stewart v. Flowers, 44 Miss. 513
(1870).
(14) Gordon v Sullivan, 188 F. 2d 980 982 (1951); See also Brown v
Petersen, 25 App. D.C. 359, [152] 363 (1905); 51 Am. Jur. Sect. 21.
(15) Drummond Carriage Co. v Mills, 74 N.W. 970; 51 Am. Jur. Sect. 21-,
Shaw
v Webb, 131 Tenn. 173, 177 (1914). [153]
INTERVIEW: CAROL LANDI ON LAND PATENTS AND TREATY

LAW
In an effort to track a big story called land patents, Acres U.S.A., has
covered both miles and monumental telephone tabs. Tucked into the
paragraphs of the newly released Land Patents, Memorandum of Law,
History, Force and Effect is a reference to a case styled Summa
Corporation v The State of California. It is this case and the implications it

holds, that prompted her to raise a family, but she is back--in her words,
"an advocate," meaning she fights for causes and principles often left
unattended by ordinary lawyers. She enjoys her role as a researcher
because it keeps her in touch with the real scholarship of the profession.
Since this tape is long, we will now terminate introductory remarks and get
down to bare facts.
ACRES U.S.A., Carol Landi, in the course of this business of being an

advocate, you have come in contact with the land patent the law, the
concept, and what's being done. So, Carol, will you review for our readers
what is the background of the land patent?
LANDI. When I spoke to you before I talked about the Summa Corporation
decision in the U.S. Supreme Court this past spring. This is styled Summa
Corporation v State of California. I hung my hat on the Summa Corporation
decision that just came down from the high court. I've been working with
federal land patents in California and in Utah. I'm doing the historical
research on the federal patents in California. We have what are called
ranchos confirmed by the U.S. government after the conquest of the
western states. And these grants are comprised of anywhere from 5,000,
6,000, 10,000, 23,000, maybe up to 100,000 acres in one shot. A township
consists of only 640 acres. [154]
When I read the Summa Corporation decision, I had known about the
Treaty of Guadalupe Hidalgo through researching a case right here in
Contra Costa County. The case is a trial court case and it cannot be found
in any reporters, so I just went over to the court with the name. I found the
case and low and behold it was an eminent do , under the fifth
amendm@n . In California it's under the California eminent domain laws,
and this lady, Virginia Stetson, held off the redevelopment agency by is
evidence in court a copy of the patent and the lands that they were trying to
take. It also gave quite a liability on the Treaty of Guadalupe Hidalgo.
ACRES U.S.A.: What law was the decision based on?
LANDI: Treaty Law.
ACRES U.S.A.: What is treaty law?
LANDI: The substance of all federal land patents is based upon treaty law.
Treaty law is the law of the nations. It is embraced by the United States
Constitution Article 1. Section 10. Clause 1.
****************************************************************************
THE TREATY POWER
The treaty-making power is an extraordinary power, liable to abuse.

Treaties make international law and they also make domestic law. Under
our Constitution treaties become the supreme law of the [155] land. They
are in deed more supreme than ordinary laws, for congressional laws are
invalid if they do not conform to the Constitution, whereas treaty laws can
override the Constitution.
Treaties, for example, can take powers away from the Congress and
give them to the president. They can take powers from the state and give
then, to the federal government or to some international body and they can
cut across the rights given the people by the Constitutional Bill of Rights. -
John Foster Dulles
****************************************************************************
ACRES U.S.A.: Which makes a treaty the law of the land?
LANDI: Yes. The Judges of all states shall be bound by treaty law.*
ACRES U.S.A.: And the Treaty of Guadalupe Hidalgo made secure these
grants? Is that what you're saying?
LANDI: That's right. Let me stray from the Treaty of Guadalupe for a
moment and give you a little historical background on treaty laws. Now to
begin with, our entire country was acquired through treaties with other
countries as our young nation conquered lands from the original 13
colonies and - westward to Califomia- EyeEy inch of land in our couma
comes under tr@ law. [156]
ACRES U.S.A.: Because of the Louisiana Purchase or the Treaty of

Cession, 1803? The Treaty of Ghent? The Texas Treaty?
LANDI: That's rights. Let me parade you through the historical sequence.
Let's take Northwest Ordinance*. This ia a resolution of Congress that
merely stated the intent of Congress that the territory shall be divided into
three to five states to be created upon the existence of a certain number of
inhabitants required to become states of the union--nothing more, nothing
less. The Ordinance was not a treaty. It was part of those unknown lands
that were part of all that territory obtained from Great Britain under the
TroV of Peace with Great Britain, 1783 (8 Stat, 801, in which the original 13
colonies derived their independence together with lands Britain gave to the
original 13 colonies of territory westward to the Mississippi River. The

boundaries of that territory is given in Article 11 of the treaty, that is, the
western boundaries of those states today known as Tennessee, Kentucky,
Illinois and Minnesota. All the states from the Mississippi River and the
states mentioned above, and eastward to include the original 13 colonies
comprise all those lands that come under the Treaty of Peace with Great
Britain, therefore, every federal land patent in every state thereof flows
from that treaty.
ACRES U.S.A.: Is there any case law saying the treaty is paramount?
LANDI: Yes. The lead case that said treaty law cannot be interfered with
by a state legislature in Ware v Hylton, 1(1976 3 Dall. (3 U.S. 1991). In this,
the Supreme Court held that a treaty is the supreme law of the land (Article
VI, Section 2: "and the judges in every state shall be bound thereby, [157]
anything in the Constitution or the laws of any State to the contrary
notwithstanding"!) ... that any act of the legislature cannot stand in its way
because a treaty is the declared will of the people of all the United States
and shall be superior to the constitution and laws of any individual
State." [Emphasis by the court.] In other words, federal land patents put
into evidence, by a land owner cannot be challenged by a state court
because it flows from a United States treaty, and therefore, no court has
jurisdiction over title or ownership to land that traces its source to the
paramount or common source of title from the United States government,
banks and private corporations notwithstanding, because federal land
patents were never corporations - only to private citizens hence the term
'private land claim" or "PLC" (as we call it) used by the Bureau of Land
Management as the date of the original patent.
ACRES U.S.A.: And then there was the Louisiana Purchase?
LANDI- Yes! The very next treaty of the United States from which all land
patents flow under the supremacy clause is the Louisiana Purchase from
France under the Treaty of Cession, April 20, 1803; 8 Stat, 201, signed at
Paris in which our young nation gained the territory of the following states.
Louisiana, Arkansas, Oklahoma, Kansas, Nebraska, Iowa, Wisconsin,
North and South Dakota, Montana and Wyoming and the Northeast two-
thirds of Colorado. After that we had the Treaty of Ghent, October 20. 1818
[8 Stat. 2181]. It merely established the northern boundary of the Louisiana
Purchase as the 49th parallel to the Rocky Mountains, nothing more,
nothing less. The lead case for the Louisiana Purchase States is American
Insurance Company v Canter [(I 828) 1 Pet (26 U.S. 51 11 in which Justice
Marshall held the power to make treaties is an absolute power of the
United States [158] government and from that power arises the right to
govern it, i.e., treaty law is superior to any state and is the supreme law of
the land. "Zoning law" included.*
ACRES U.S.A.: And Texas is in a class by itself?
LANDI: That's right Texas was annexed to United States by the

independent vote of the inhabitants. While the Cession of Texas is a treaty,
it was annexed as a House Joint Resolution (HJR) and it would be fairly
certain that the citizens had the same protection as those given under
treaty law. 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. It is interesting to note that as
an annexed state, it is the only state that has the power to secede from the
United States. Hawaii is the last state with that power to secede.
ACRES U.S.A. What did the Oregon Treaty do?
LANDI - The Oregon Treaty of 1846 was an agreement with Great Britain
that gave the U..S. undisputed claim to the Pacific Northwest south of the
49th Parallel. The states carved out of this treaty are the present states of
Oregon, Washington, Idaho and the southwest corner of Wyoming. This
treaty with Great Britain was signed on June 15, 1846, [9 Stat. 869], and all
federal land patents of these states flow from the treaty and fall under the
supremacy clause of the constitution therefore, no state, private banking
corporation or other federal agency can question the superiority of title to
land owners who have "perfected" their land by federal land patent.
Jurisdiction by any state court is invaded, and since federal [159] land
patents cannot be collaterally attacked as to their validity or authenticity as
highest evidence of title, no mortgage institution can claim title to land its
"lien." Certified federal land patents were given free and clear title with no
encumbrances- then or now!
ACRES U. S. A.: And this brings us to the Treaty of Guadulupe Hidalgo,

1848.
LANDI: This had to do with the Mexican War following the War with
Mexico, under this treaty,, the United States paid Mexico $15 million dollars
in gold coin for reparations and all that conquered territory now known as
the states of California, Nevada, Utah, Arizona, and the western portions of
Colorado and New Mexico. All lands purchased from the United States as
private land claims were paid for in gold and silver coin, after which a
federal land patent was confirmed and issued to the private claimant. This
is a point to keep in mind regarding "loans of credit" by financial institutions
in violation of Article I Section 10, * 31 USC 463 (a),
ACRES U.S. A.: How did the Act of Congress, March 3, 1851 figure in all
of this?
LANDI: Because of the confusion of land claims by the Gold Rush settlers
on Mexican land grants, Congress enacted this act to ascertain and settle
the private land claims in the state of California. For the first time, a Land
Commission was established to confirm the claims and the Court of Private
Land Claims was established to settle disputes before final confirmation by
what is now known as the U.S. Bureau of Land Management under the
present Department of Interior of the United States. The act of 1851
established a two year limit to contest claims after which the confirmed
land claims were closed [160] forever by the issuance of federal land
patent that generally included the phrases "given this day to his heirs and
assigns forever." No claims could be made after the issuance date of the
patent. This is what Summa [104 U.S. 17541 was all about. The two year
limitation on contest of federal land patents issued to private land claimants
was extended by the Act of March 3. 1891, and is still in force today!
ACRES U. S. A.: And of some importance, is the Gasdsen December 30,

1853 110 Stat, [1031].
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.
Hence, that southern most portion is, in actual fact, included in the Treaty
of Guadalupc Hidalgo. All federal land patents in this area also flow from
treaty law, still the supreme law of the land by which all judges in all states
shall be bound as to the validity of the patents. 43 USC 59 establishes that
duly certified copies of federal land patents shall be evidence in all cases
where the originals would be evidence, Section 57 covers the states of
Oregon and California.
Section 58 covers the Louisiana Purchase, Section 83 of Title 43 covers

the evidentiaa effect of certified federal land 12atents for all states, and all
the courts in the United States must take judicial notice of these federal
patents and their evidentiary effect under these federal statutes. If the
Patents are not certified when entered into evidence, the court may ignore
the patent and overrule it as evidence of superior paramount title versus

the mortgage lien the banks use to lay claim to the land. *Assuming "lien"
was [161] NOT "Ultra Vires.
ACRES U.S.A.: How. does this figure in lien theory states?
LANDI: If the bank, or lending institution lays claim to the land by the lien
theory, it must have been presented in the contest of the federal land
patent within the two years after the last act of 1891, supra, or forever be
barred. In point of fact, as against a federal land patent, it is extremely
doubtful that any of the present lending institutions were in existence in
1891 in order to present any claim against the owner of land under a
federal land patent flowing from a United States treaty, also known as the
Law of Nations, in which no private citizen can dispute the terms of a treaty
or act of Congress.
ACRE. U.S.A.: What about state conflicts and attorney general opinions,
and the general attitude we find among attorney generals, such as General
Stephens in Kansas?
LANDI: You can print an excerpt from a document I submitted to the state
court, one referring to the California Supreme Court decision which Summa
over turned. What is shown is the dissent of the California Supreme Court
justice(s) that was ultimately upheld by the U.S. Supreme Court
(unanimously).
ACRES U.S.A.: So where are we?
LANDI: There is nothing arcane or esoteric about federal land patents,

treaty law and the law of nations. I'll send a news article from Northern
California in which the BLM had to participate and [162] obtain an act of
Congress to clear the way for clear title under treaty and patent law.
California is more than familiar with the obligations of treaty law, and the
requirements of federal patent law under federal Title 43 USCA public
Lands. We have more than a passing acquaintance *stare decisis law on
the subject up to date in the April 1984 case. Courts will resist it, or be
confused by it. However, if nine justices of the United States Supreme
Court are not confused by it, under the supreme law of the land, why
should a state judge be permitted to ignore it? In point of fact, the state of
California has just recently begun to acknowledge U.S. Supreme Court
decisions. Because of the great socialist experiment in California, (courtesy
of our unusual Senator Alan Cranston), California and Justice Rose Bird
are not convinced yet that California is a part of the United States.
However, we do have case decisional law recently reaffirmed by its
appellate courts that when the
United States Supreme Court interprets a federal statute, the courts of this
state are bound by it. The key to finding case law in every state upholding
federal treaty and its laws can be found in its law libraries in the Key Digest
under Public Lands. I have had opposing attorneys searching through
American Jurismdence under Public Lands, which is the starting point,
however, the attorneys are still baffled by it all. Am. Jur. 2d. is the best
starting point to find the case law on treaties as they pertain to decisions in
the states. 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. * = To abide by, decided cases.
ACRES U.S.A.: Earlier, you said every inch of land was acquired by treaty
and falls under land patent. Even the original 13 colonies? [163]
LANDI: I have the treaty with Great Britain, upon which we founded our
original 13 colonies and gained our independence, a treaty dated 1783.
And I have the leading case law on that, their treaty. which covers land
from not only the original 13 colonies, but all the land west to the
Mississippi River.
ACRES U.S.A.: In other words, the British were giving away something by
treaty they really didn't have?
LANDI: They didn't know it was out there. They knew about the Mississippi
River, I believe. They knew about it as a result of their trade with France.
The Louisiana Purchase goes from the Mississippi River and covers your
Midwest states. The Louisiana Purchase, of course, was the Treaty with
France. That was in 1803, signed at Paris. Some government people who
are a bit busy nowadays, filling land patent orders are telling people there
were no patents in the original 13 colonies. Let me say this for the record,
right out of my survey book. The first patent issued in New York City on
March 4, 1788 to John Martin and is simply for Lot number 20, Township 7,
Range 4. And he paid $640 for that section. That was the very first patent
in this country.
ACRES U.S.A.: Who patented that to him?
LANDI: The United States Government.
ACRES U.S.A.: And what does it really mean? [164]
LANDI: John Martin apparently squared off or surveyed a plat of land, a

public layer, that did not belong to a private owner. He squared it out. He
applied to Congress and said, I would like to settle on this land and
whatever provision you require for me to settle on this land I would like to
have it confirmed and have a patent (in those days they didn't know about
deeds, so they called them patents) so that it will be mine. in my name, and
it will be my private claim. And Congress said, Okay, we'll have somebody
check on it. They checked on it, and they agreed with his surveys and gave
him a federal patent.
ACRES U.S. A.: And what does the patent mean? It is just a simple title,
no different from any other title, or does it have a special character to it?
LANDI: It has a special character to it. The federal land patent is the
paramount common source of titles from the United States government. All
public land originates from the U.S. government. Even today, any public
land in any state is still under the United States Government.
ACRES U.S.A.: Does this patent inure to heirs and assigns?
LANDI: Yes. Forever. And that is a long time.
ACRES U.S.A.: Okay, this is really the case for the land patent then, isn't
it?
LANDI: That's the essence of it. [165]
ACRES U.S.A.: Why does the treaty confer superior status to the land
patent, a status that cannot be retreated from by lessor courts, even the
Supreme Court.
LANDI: It pertains to the pecking order or authority. Potential land belongs

to the person who receives it and his assigned heirs forever. It doesn't
matter who is on that land today. No one can touch that federal land
patent, except the United States Government. No one can challenge it. Let
me bring you up to date from the Treaty of Great Britain. The Act of 1851
which has been updated in the Act of Congress, 1891 has to be reviewed.
California, you will remember, was badly turned upside down between the
Mexican Government, Spanish Government, and the Gold Rush. The Act
of 1851 stated that anyone who was establishing a claim had to have it
confirmed by the United States Land Commission. It was a commission of
three men. If no one protested that claim within a three year period from
the date of the Act, it could no longer be attacked under any circumstance!
It was final. And this is what Summa Corporation was talking about.
****************************************************************************
JUSTICE KAUS'S OPINION
I confess to a growing unease about what I view as an Accelerating

erosion of private property rights of California citizens. We need to look no
further than the first section of the very first article of the state Constitution
to learn that the sovereign people of California have proclaimed: "All
people are by nature free and independent and have inalienable rights.
Among these are enjoying and defending life and liberty, and protecting
property and obtaining safety, happiness, and privacy." [166] [italics added]
From this solemn pronouncement of the people, identifying the protection
of their property with the defense of their lives and liberty and describing
such interests as "inalienable," I conclude that preserving the sanctity of a
citizen's private property is a singular responsibility of government and its
courts. When, therefore, that government itself seeks to trench on such
constitutionally protected and "inalienable rights", of its own people, its
conduct must be closely scrutinized and its reach carefully measured by

the rule of law." --from the Venice Properties decision.
****************************************************************************
The state of California has been trying to grab land - federal land and
offshore drilling land. With the Department of Interior they have tried to say,
well these are swamplands, these are tidelands, and they belong to us
because, as we became a state, these lands automatically became ours.
The courts have consistently said, NO. Nothing passes to you unless the
United States government grants you this land and it belongs to you, then
you can do whatever you want. NO DNR.
ACRES U.S.A.: What practical application does this knowledge bring to

farmers who are now being foreclosed on by government agencies, namely
FMHA and PCA and Land Bank? Jenny Mae? Freddie Mac?
LANDI: Some are backed by the full face and credit of the United States
government, some are not. If somebody has a claim, if the bank says, they
have a claim on that land, they are going to foreclose. How are they going
to prove that they have title to the land from the United States government?
Was [167] title given to them in their name'? No, it wasn't! It was given to
Corporal John Smith in a land patent 120 years ago, or some such person.
It doesn't matter whether you're an heir, It doesn't matter whether you were
an assign. The bank has to prove it has title to the land, in order to take it
over.
ACRES U.S.A.: And so people who filing and getting certified patents and
registering them in the court house are doing something that is proper, for
now, pending disposition of this whole matter.
LANDI: Absolutely.
ACRES U.S.A.: But you see the judges in these equity courts are not
looking at it that way. They say to themselves. We've got to protect the
creditors. It's much easier on the community to let this farmer go down the
tube than it is to put the bank in jeopardy, to a point where there is a run on
the bank. How do you face that proposition'?
LANDI: Well, number one, I would ask you how the case was filed? is the
farmer a defendant in the action?
ACRES U.S.A.: Usually he's a defendant.
LANDI: Is he's a defendant, and he has a patent on his land he says to the
bank: you are making a claim on my land, you want to foreclose on it.
Sorry, you can't do that. You come up with a superior title to my patent,
something superior to my land patent, then, I'll [168] give it to you.
ACRES U.S.A.: But, you see, the judge won't even entertain that particular
point. He is shown the contract and he rules on the contract, and that's it.
LANDI: No, It's not a contract!.
ACRES U.S.A.: Well, what is it, when you have a mortgage? Isn't that a
contract?
LANDI: That's a loan of credit. It is not a contract.
ACRES U.S. A.: Just for the sake of argument, would you set up, for me,
in as good a narrative as you can, the defense that the farmer has? Let me
give you a hypothetical situation. This farmer purchased some land. He
now has some sort of title on it. He went to the bank and he borrowed
some money because he wasn't making enough, and he had been
promised the land values would be increasing. So consequently he was
able to borrow money to keep on farming, to grow more so he could sell it
for less and lose money. And it finally came to a terminal point because the
land values have dropped. So the bank says: You don't have the collateral
you had last year. I guess I'm going to have to foreclose on you. [169]
LANDI: My first question! What does the bank call as collateral'?
ACRES U.S.A.: The land, the building and the cows.
LANDI: Okay, now let me explain something to you. I don't know how it is
in much of the country, but I'm pretty sure its the same as in California,
because property, real estate law, is no more screwed up in the whole
country than in California. If you look at your tax bill I'm sure even in your
state you will see that the land is assessed at one amount and the
improvements at another amount. I attribute that to, my background
information as, being an Assistant Deputy Tax Collector. I know the
difference. So, there is a difference between land and its improvements. If
you look on the title insurance of the American Land Title Assurance
Association standard forms uniform forms abbreviated ALTA you'll see that
the title company insures absolutely nothing but the land! Four little letters
L-A-N-D. I looked and searched those insurance policies. They will not
insure anything. All they insure is good title. And, on those grounds, the
bank has given the farmer a loan. Basically, the title insurance company is
at fault. They did not search that title back far enough to its original source
to see who owned that land.
ACRES U.S.A.: Okay, and it came to the United States by treaty.
LANDI: Right. But the bank can make no claim on that. No one can make
any claims on that land with a federal land patent on it, unless he brought
up that claim during the patent proceedings in 1851 under that two year
statute of limitations. [170]
ACRES U.S.A.: What about that Mexican family that owned land in New
Mexico? Suddenly, that family found itself in the United States. The title
that came into the United States would be secure under treaty, wouldn't it?
LANDI: Absolutely! No question about it.
ACRES U.S. A.: But the land that no biological person had laid claim to
was just wilderness, claimed by Mexico. That land ceded to the United
States by the Treaty of Guadalupe Hidalgo. Then the government patented
it over to somebody - a soldier, perhaps! You're saying, that this land, to
that man, and to his heirs and assigns is secure forever?
LANDI: Forever,
ACRES U.S.A: So now we've arrived to 1984, and this farmer, who has
that piece of land, orginally patented to some, is being foreclosed, and they
haul him into court. They've got maybe 50 heartbreakers out in the yard to
seize his equipment and to take him off in cuffs if he resists. And they go in
front of a judge and the judge hands it over to the John Hancock Insurance
Company or some bank, or whatever. What is the defense? What can this
man do?
LANDI: I think the problem that you're having out there right now is getting
the patent recognized in court. [171]
ACRES U.S. A.: Right. Nobody will listen.
LANDI: You must record a certified copy with the recorder or register of
deeds.
ACRES U.S.A.: In other words, you get this original information, put it on
the appropriate document, and then have it recorded in the courthouse.
What does that do?
LANDI: There is a copyrighted form that has all the stare decisis* case
law. No one can attack a federal land patent. *To abide by, adhere to,
decides cases.
ACRES U.S.A. Yes, but they recruit the heartbreakers and come out. A
judge has told them to throw you out. What does this rancer do?
LANDI- Number one, you tell the court it doesn't have jurisdiction over
federal land patents.
ACRES U.S.A. And he ignores that. He says, objection overruled!
LANDI: Say, fine. I'm going to appeal it.
ACRES U.S.A.: Where do you appeal it? [172]
LANDI: You appeal it right then and there, I don't know if you have what is
called a demurrer, a declaratory plea. You bring that up. In California a
declaratory plea is called a demurrer. It's attacking the legal proficiency of
the plainfiff's pleading. As a defendant, you can attack that and you can
say right off, the court does not have jurisdiction over this federal patent.
This is a state court! This is a federal land patent, Case law says; state or
federal courts cannot touch land patents. You don't have jurisdiction. You
can't rule on it. Boom, it's finished! It's over! If you say, No I'm going to
appeal it to the highest court in the state, even the highest court in the land.
I don't know of any court that will foreclose on a property without some kind
of notice to the farmer that a court proceeding is taking place, or in the
alternative, the farmers don't know what to do when the default notice
comes that the farm is going up for sale. I am dealing with residential
foreclosures presently, including those under FNMA (Fannie Mae) and
FHLMC (Freddie Mac) both and all of which come under Title 42 USCS
"Banks and Banking". I am presently researching these federal mortgages,
and fighting some with federal land patents. Farmers cannot be lawyers,
and lawyers cannot be farmers, there's no question. But someone should
be able to tell the farmers what signs to watch for and when to take action
before the action hits them. I suspect that the only problem the farmers are
having with the courts is purely procedural. I have seen my share of
dishonest judges but, I have also learned how to force there hand in court,
on the record
ACRES U.S.A.: OK, can you walk us through the procedure?
LANDI: After recording the land patent, the important thing is to know the
law of the treaty that covers your state. Every protection a farmer needs is
in that treaty and the judge knows that the by [173] Supreme Law of the
Land, he cannot touch or have any jurisdiction over it. When the banks are
faced with the fact that the court has no jurisdiction over their foreclosure
action due to a federal land patent recorded on the property, and treaty law
preempts state and/or federal law, the court will make a mistake of ruling
against the farmer, which in itself, is good, because now you can appeal
and buy more time to keep the bank at arms length. I would want to look at
a court file, to see what really went wrong, and how. If a defendant is not
responding, or if he is responding, then he doesn't his appeal rights. Any
case on federal patent could end up in the U.S. Supreme Court just as
Summa did in California. Appeals are all done on paper. No court
appearances. Everything on appeal is done in writing, as there are no oral
arguments allowed. [Wis. Stat. 407. 103 + 401. 201]
ACRES U.S.A.: What about those who have lost their farms?
LANDI: As to those who have already lost their farm, my position is that,
whoever the bank conned into buying the foreclosed farm, has bought a
farm without warranty or guarantee of clear title. Look at the fine print in a
trustee deed sale notice. IRS does the same thing! IRS sells foreclosed
property with that particular statement! So, no guarantee goes with
purchase of foreclosed lands, except, that you put a federal land patent on
it. I would have no compunction about even IRS auctioning off my land
because, as long as I have the patent recorded, on it, then I can challentye
the new buyer that IRS didn't guarantee clear title, and that I still own my
land. Therefore, if I were the new buyer, I would tell IRS, I want my money
back for fraud for not telling me that there was a federal land patent on the
land, that I can't fight to get off my land. Incidently, even IRS cannot
supersede federal treaty law or the provisions of any treaty of this country.
[174]
ACRES U.S.A.: How do you handle the matter of non-real property

seizures?
LANDI: We told the banks that, my federal land patent granted land only,
and that is all I am claiming is land. If they have a lien against something
on my land, then please get it off- but don't trespass in the process not on
my land I have offered banks to take their buildings away, board by board,
just let me know, otherwise, they will be trespassing. Farm equipment
cannot be seized on federally patented land without trespassing. They
must have a court order! And if someone is not defending, in court, against
a court order, on grounds of jurisdiction and statue of limitations, someone
needs help, but not from a lawyer, unless the lawyer is totally dedicated.
Let me tell you about a case up in Oregon. This is heresy on my part, but I
can report what I learned from sources I believe to be sound. A landowner
up in Oregon was foreclosed on by the bank. The court wouldn't listen to
his arguments. So. a federal land patent was laid on that property. By that
time the bank had foreclosed. The Sheriff sale had been held. Now, he
went back into court and he said: That sale is illegal. The state had no
jurisdiction over the federal land patent and the court said, oh really?
Where's your proof? How do I know this land patent, that you're talking
about, did not come under my jurisdiction? How do I know it is correct? The
land owner said, Well It's certified! I will bring a witness out from the
Bureau of Land Management, and he will testify and witness that this is an
exact duplicate of the original document which is admissible, as evidence,
in the state court. And that is precisely what they did. They brought in the
Chief of Records, as a witness, to testify that the document was true, and
certified, and was absolutely correct. It could not he changed under any
circumstances, by any court. [175]
ACRES U.S.A. So, what happened'?
LANDI- The judge dismissed the case and said, you are absolutely right.
You own the land. You have perfect title to it. You traced it to its original
source. You own the land!
ACRES U.S.A.: But in the mean time they have carted a farmer's cattle, as
they did in Illinois.
LANDI: He has to bring suit for trespass.
ACRES U.S.A.: OK, now where does he bring this suit?
LANDI: He brings it right to state court. This is what happened. The

landowner sued the bank for trespassing. He Won! You see, this man
could sue the bank. He could sue the judge for involving himself in a case
in which he did not have jurisdiction.
ACRES U.S. A.: For now, what do we do? Step by step.
LANDI: What you do is build a sandwich. You've got your federal land
patent on the bottom. You got that certified at the Bureau of Land
Management. You have to ask for it. The bureau of Land Management, I
believe, will charge a dollar or so to certify. If you don't want it, they wont
do it, and you don't pay. It's part [176] of their service. It must be certified!
That's the first layer of the sandwich. That makes it admissible evidence in
the state court.
ACRES U.S.A.: What's the next layer?
LANDI: The next piece of paper is your declaration, Number three, the top
of the sandwich, will be your ordinary deed, whatever it is you call it in your
state. You can grant it to yourself. It could almost he a simple thing, such
as a will. Those are the three pieces of paper. Now you waltz up to the
courthouse and say, I want this stuff a matter of record and I want to know
where you record this. And they give you the reference of where they
recorded it. Always take an extra COPY to the recorder and say, Would
you endorse a copy for me? And of course, they will send the original back
to you with a book and a page number on it.
ACRES U.S.A.: Do all of these pieces of paper have to be certified?
LANDI: No. Just the federal land patent. If you have a certified document
that purports to be a lost or destroyed piece of paper, and someone
certifies it as true and correct copy, this is admissible as evidence in a
court.
ACRES U.S. A.: Thousands of people are asking for a copy of the land
patent covering their acres. But the problem is, it seems to bog down at
that point. They get into court and they get clobbered something awful.
Either they don't know the procedure or what issue to bring, in what way, at
what [177] time, in what court.
LANDI: If you don't know how to go into court, you're in the position of the
fellow who goes into farming without knowing a tractor from a disc. The law
won't protect you if you don't know how to use it. [178]
HOW ... WHERE ... TO OBTAIN CERTIFIED FEDERAL LAND PATENT

(FLP)
FARM PROPERTY: Send Certified Legal Description of Property (from the

County Treasurer or, Register of Deeds, and Town, Plat Map (from
Register of Deeds or County Recorder) then circle your Property(s) on Plat
Map(s) ... Your Property(s) may be in one or more Sections and/or
Counties. (1 FLP per land Parcel) Be sure to request CERTIFIED COPY of
FLP.
Record FLP + Declaration of Land Patent + Deed. If desk clerk refuses to

file ... use procedure outlined above by Paul Tomas. Clerk is bonded to
perform "ministerial duties"... NOT "Judicial".
Certified FLP supersedes ALL CLAIMS. Bank must prove Title to land per
#25 p.4. ALTA insures only "good title" per #32 p.5. Bank claims ceased
March 3, 1893 - FOREVER BARRED per #12-14 pgs.2&3.
ALL STATE COURTS LACK JURISDICTION OVER FEDERAL LAND

PATENTS
issued per
TREATY LAW = Superior Status can NOT be overruled ... even by U.S.
Supreme Court! (See A on the Treaty Power, p. 1)
CITY PROPERTY: Can also be "patented" ... obtain Range and Township
Numbers from City Engineer + total Certified Legal Description of
lot/Property (obtain FLP as above) ... Record with a Declaration of Land
Patent + Certified FLP + Declaration of Homestead attached and marked
"Exhibit A & B"...on Declaration of, Land Patent write: "Attached hereto are
Exhibits A & B". Register of Deeds or County Recorder then Records in
"Real Estate" file. [179]
CONTACT: FAMILY FARM PRESERVATION, Box 2587, Hwy. M,

Tigerton, Wis. 54486.
PROPERTY OWNERS RECEIVE DEEDS TO ANGELS LAND
ANGELS CAMP. The first of local property owners who for decades
have been paying taxes on land actually owned by the federal government
were to receive title to their property last night.
At the City Council meeting, the five landowners were to receive

quitclaim deeds from the city and the federal government, which until
recently was the rightful owner of the land.
The parcels in question were created when old mines, with federally
owned claims, were gradually worked out and broken up for sale.
Mine owners apparently never went through the formality of patenting

the land before they sold it. The buyers built homes on the land and paid
taxes on it.
The problem came to light, some three years ago, when a local
surveyor, trying to determine title for a land division he had surveyed, found
out the property still was federally owned and under jurisdiction of the
Federal Bureau of land Management.
BLM officials agreed to cooperate to make sure the land became the
legal property of those who had purchased it from the mines, however, an
Act of Congress was necessaq to clear the way. [180]
Congressman Norm Shumway introduced the necessary legislation and

it was passed by Congress last year.
The legislation turned title of the land over to the City of Angels Camp,
which in turn is issuing quit-claim deeds to the property owners.
A total of about 80 acres involving 20 plots of land are involved.
From the Calaveras (California) Enterprise. [181]
THE UNITED STATES OF AMERICA
A Republic Under God
To all to whom these presents shall come, Greeting:
LAND PATENTS, EJECTMENTS, AND ESTOPPEL
1. In case of ejectment, where the quesfion is who has the legal title, the
patent of the government is unassailable. Sanford v Sanford, 139 US 642.
2. The transfer of legal title (patent) to public domain gives the transferee
the right to possess and enjoy the land transferred. Gibson v Chouteau, 80
US 92.
3. A patent for land is the highest evidence of title and is conclusive as
against the government and all claiming under junior patents or titles.
United States v Stone, 2 Us 525.
4. The presumption being that it (patent) is valid and passes the legal title.
Minter v Crommelin, 18 US 87.
5. Estoppal has been sustained as against a municipal corporation

(county). Beadle v Smyser, 209 US 393.
6. A court of law will not uphold or enforce an equitable title to land as a

defense to an action of ejectment. Johnson v. Christian, 128 Us 374: Doe v
Aiken, 31 FED. 393.
7. When congress has prescribed the conditions upon which portions of

the public domain may be alienated (to convey, to transfer), and has
provided that upon the fulfillment of the conditions the United States shall
issue a patent to the purchaser, then such land is not taxable by a state.
Sargent v Herrick & Stevens, 221 Us 404: Northern P,R. Co. v Trail
County , 115 US 600.
8. The patent alone passes land from the United States to the grantee and
nothing passes a perfect title to public lands but a patent. Wilcox v
Jackson, 13 Peter (US) 498.
9. Patents and other evidences of title from the UNited States government
are not controlled by state recording laws and shall be effective, as against
subsequent purchasers, only from the time of their record in the county.
Lomax v. Pickeriniz, 173 US 26.
10. In federal courts the patent is held to be the foundation of title at law.
Fenn v Holmes, 21 Howard 481.
11. Congress has the sole power to declare the dignity and effect of titles
emanating from the United States and the whole legislation of the
government, in reference to the public lands, declare the patent to be the
superior and conclusive evidence of the legal tide. Until it issues, the fee is
in the [183] government, which by the patent passes to the grantee, and he
is entitled to enforce the possession in ejectment. Bagnell v. Broderick. 13
Peter (US) 436.
12. In ejectment the legal title must prevail, and a patent of the United
States to public lands pass that title; it can not be assailed collaterally on
the ground that false and perjured testimony was used to secure it. Steel v
St. Louis Smelting and Refining Co., 106 US 417.
13. A patent certificate, or patent issued, or confirmation made to an

original grantee or his legal representatives of the grantee or assignee by
contract, as well as by law, Hogan v Pace, 69 US 605.
14. In federal courts, the rule that ejectment cannot be maintained on a

mere equitable title is strictly enforced, so that ejectment cannot be
maintained on a mere entry made with a register and receiver, but only on
the patent, since the certificates of the officers of the land department vest
in the locator only equitable title. This rule prevails in the federal courts
even when the statute of the state in which the suit is brought provides that
a receipt from the local land office is sufficient proof of title to support the
action. Langdon v Sherwood, 124 U.S. 74: Carter v Ruddy, 166 US 493.
15. The plaintiff in ejectment must in all cases prove the legal title to the
premises in himself, at the time of the demise laid in the declaration, and
evidence of an equitable title will not be sufficient for a recovery.
The practice of allowing ejectments to be maintained in state courts upon

equitable titles cannot effect the jurisdiction of the courts of the United
States. Fenn v Holme, 21 Howard 481. [184]
16. Under USCA Constitution, Article 4, section 3, clause 2, Congress, in

exercise of its discretion in disposal of public lands, had power, by this
section, to restrict alienation of homestead lands after conveyance by
United states in fee simple, by providing no, such lands shall become liable
to satisfaction of debts contracted prior to issuance of patent. Ruddy v
Rossi, (1918) 248 US 104.
17. Patents are tied to the Bible, in Genesis 47 by way of the word
assigned in italicized print. Also note in later verses the beginning of
sharecropping. BC 1701.
18. The right to the ownership of property and to contract with respect of
its use is unalienable. Golding v Schubac, 93 U.S. 32: Seville v C I , 46
U.S. 495.
19. Parties in possession of real property have the fight to stand on their
possessions until compelled to yield to the rule title determined by trial by
jury. 47 Am. Jur. 2d 45.
20. Giving a note does not constitute payment. Echart v Commissioners,

C.C.A. 42 F2d 158; 283 U. S. 140.
21. Actual or threatened exercise of power over the property of another is

coercion and duress which will render the payment involuntary. Cleveland
v Smith, 132 US 318.
22. Property value means the price the property will command in the
market, or its equivalent in lawful money. PeQple v Hines, 89 P. 858, 5 Cal.
App. 122 [185]
23. Neither a town nor its officers have any right to appropriate or interfere
with private property. Mitchell v City of Rockland, 45 Me. 496.
24. A state may provide for the collection of taxes in gold and silver only.
State Treasurer v Wright, 28 Ill. 509: Whitaker v Haley, 2 Ore. 128.
25. Taxes lawfully assessed, are collectible by agents in money and notes,
cannot be accepted in payment. Town of Frankfort v Waldo, 128 Me. 1.
26. There must he strict compliance with statutory requirements to divest

property owners of their property titles for non payment of taxes. McCarthy
v Greenlawn Cem., 158 Me. 388.
27. At common law there was no tax lien. Cassidy v Aroostook, 134 Me.
34.
28. A tax on real estate to one not the owner is not valid. Barker v Blake,
36 Me. 1. [186]
LAND PATENT STOPS BIDDING AT SHERIFF SALE
In a recent case, Robert Deardorff of Indianapolis, Ind. had filed a

DECLARATION OF LAND PATENT with a certified copy of the original
patent. In a Sheriff s Sale, which took place last August, Mr. Deardorff and
and a witness went to the Sheriffs Sale and met with the sheriff. He had
previously warned the sheriff that if he went ahead with the Sheriff s Sale,
he would go to the U.S. Attorney and swear out a warrant for his arrest for
Criminal Trespass on his Land Patent. However, the sheriff's counsel
advised him to go ahead with the Sheriff's Sale anyway. So, on the day of
the sale and while he and a witness were in the sheriff's office, he called
the Federal Clerk of Courts and told him what was happening.
The Federal Court Clerk, told Mr. Deardorf that, if the sheriff went ahead
and sold the property, with a Land Patent on it, that inside of three days,
there would be a U.S. Marshall there to arrest the sheriff. Mr. Deardorf then
told the sheriff this, word for word.
Later, at the sale, the sheriff told the bidders, including the bank's
attorney, that there was a Land Patent on the property and that if they
bought it, they could never be able to get a clear title and would never be
able to get a loan on the land. As a result. no one bid. Under Indiana Law,
when no bids are placed on a property, the property reverts back to the
owner after 4 p.m. the same day. No new Sheriff's Sale was ever
scheduled and there is no pending action of any kind in the courts. (Robert
Deardorff, 7002 N. Graham Rd., #128 Indianapolis, IN. 46220; Phone (317)
325-2505). [187]
PROCEDURE TO FOLLOW IN THE ENFORCEMENT OF A UNITED

STATES
LAND PATENT OR LAND GRANT
Instructions to give the Sheriff, Judge, County Attorney and Bidders of

your property. Present all concerned parties with a copy of your Certified
Land Patent and declaration of Land Patent.
1. The Land Patent, issued by the Bureau of Land Management,

Department of the Interior, of the United States Government; is the highest
and best Title at Law. The holder of a Declaration of Land Patent, as an
Assign, is the absolute owner of the property as described on that Patent.
No court in the United States can change a Declaration of Land Patent,
without the express permission of the holder of that patent. A Declaration
of Land Patent being the highest Title at Law is superior to any other type
of deed. Included, in this in a "Warranty Deed" and "Sheriff's Deed". Once
a Declaration of Land Patent is in place and duly recorded it cannot be
removed.
2. The only authority responsible to the holder of a Declaration of Land

Patent is the United States Government. A Patent cannot be violated or
transferred without the permission of the Assign. Enforcement of a Patent
must come from the United States Government.
3. Should a Declaration of Land Patent be violated. It is the responsibility

of the Assign's to file charges with the Justice Department of the United
States Government. Specifically, the Attorney General. Criminal Trespass
Charges, Civil Charges and Charges for Fraud should be included in your
Statement of Charges. This being in violation of a United States (Federal)
patent. [188]
4. The Sheriff should be notified before the sale, but near the time the sale
is to start, he must notify each and every bidder of the following:
A. The Declaration of Land Patent is the Highest and Best Title at Law.
B. Once this sale is complete, the property can never be resold.
C. A Warranty Deed, can never be drafted on this property. The buyer or

successful bidder of the property will not be able to borrow or get a
mortgage against the land.
D. Title insurance cannot be obtained for this property.
E. The Declaration of Land Patent "CLOUDS" title to the land forever.
F. The successful bidder of the property will not get possession of the
property.
G. The Declaration of Land Patent stops ejectment.
H. A "Sheriffs Deed" or other type of document transfer shall be proof of

fraud. The notification that a Patent exists before.the transfer shall be
sufficient for this charge. [189]
I. Criminal Trespass, Civil and charges for Fraud will be filed against the
successful bidder and all those who took a part in the forced transfer of the
property. The notification that a Patent existed before the transfer shall be
sufficient for the charges stated.
J. Obtain a certified copy of the "Deed of Transfer" or "Sheriff s Deed.

Proof of the charges stated will be necessary for the Attomey General.
K. Mortgage or lending institutions may bid the existing mortgage or lien.

This shall not be sufficient notice for fraud. The transfer of the property to a
second person or persons in the form of that stated above is what will be
necessary to obtain. Bidding of mortgage or lien is not sufficient and cannot
cancel a Declaration of Land Patent. While a "No Bid" is better-for a
lending concern to bid the existing lien is a formality and is not powerful
enough to overcome a Patent.
L. The holder of a land patent, which has been certified. The filing of a
Declaration of Land Patent shall present to the holder all of the rights and
privileges forever. This is stated an the front of the Certified copy of the
Land Patent, which was obtained through the Bureau of land management,
Department of the Interior of the United states of America. [190]
QUESTIONS AND ANSWERS
Q: Why send the Bureau of Land Management $20.?
A: This is the approximate cost for most land patents. This includes $4.25
for the patent plus a search fee. A copy of the County Plat Map where you
circle the part you want them to find the patent on makes the search job
easier. In your letter, be sure to ask for a Certified copy of the Land Patent.
You should receive it in 4 to 6 weeks. (Note: if you need the land patent
faster, like in a week or so, contact Luther Bartrug, 2708 Fenholloway
Drive, Mechanicsville, VA. 231 1 1. Phone (804)746-1074)
Q: Where can I obtain a brief on Land Patents?
A: Writ to Acres U.S.A. Box 9547, Kansas City, Mo. 64133. Ask for the
Land Patent Brief by S. J. Stewart. Cost is $25.
Q: Is there another way to update a land Patent in my name other than

filing a Declaration of Land Patent?
A: Yes. In some parts of the country, Court Clerks are refusing to file
Declaration of Land Patents even though they will file a copy of the Land
Patent itself. Here is what you do. First, file the Certified Copy of the Land
Patents by itself. Then fill out a Quit Claim Deed (available from, local book
stores or Title Companies) and name yourself as the first and the second
party in [191] the deed. After filing in the legal description of your property,
add the following language in the Quit Claim Deed: "The first party to this
deed, (name) grants and deeds to the second party (name), with all rights,
privileges and immunities, Land Patent # per the above legal description
and updates the Land Patent in the second party(s) name and to his heirs
and assigns forever." (Note: a variation of the above when two people own
a property is for one to file ... the land patent and then file a Quit Claim
Deed and assign the Land Patent to the,second party.
Example, a wife filing a Quit Claim Deed to her husband and in it

assigning her interest in the Land Patent to her husband. Once this is filed,
the Land Patent is updated in her husbands name).[192]
*****************************************************************************
UNITED STATES DEPARTMENT OF THE INTERIOR REGIONAL

OFFICES
Here are the offices that can issue a Land Patent if provided with
the legal description of your property.
ALASKA:
United States Department of the Interior
Bureau of Land Management
Anchorage Federal Office Building
701 "C" Street, Box 13
Anchorage, Alaska 99513
ARIZONA:
3707 N. 7th. Street
P.O. Box 16563
Phoenix, Arizona 85011
CALIFORNIA:
Bureau of land Management
Federal Office Building
2800 Cottage Way, Rm. E-2841
Sacramento, California 95825
COLORADO (KANSAS):
United States Department of the Inten@or
1037 20th Street
Denver, Colorado 80202
IDAHO:
United States Department of the Inten*or
Federal Building
550 West Fort Street
P.O. Box 042
Boise, Idaho 83724
MONTANA (NORTH DAKOTA, SOUTH DAKOTA):
Granite Tower
222 North 32nd Street P.O.Box 30157
Billings, Montana 59107
NEVADA:
Federal Building, RO()m 3008
300 Booth Street P.O. Box 12000
Reno, Nevada 89520
NEW MEXICO (Oklahoma):
Joseph M. Montoya Federal Bldg.
South Federal Place
P.O.Box 1449
Santa Fe, New Mexico 87501
OREGON (WASHINGTON)
825 N.E. Multnomah Street, P.O. Box 2965
Portland, Oregon, 97208
UTAH:
University Club Building
136 East South Temple
Salt Lake City, Utah, 84111
WYOMING (NEBRASKA)
2515 Warren Avenue
P.O. Box 1828
Cheyenne, Wyoming, 82003
ALL OTHER STATES
Eastern States Office
350 South Pickett Street
Alexandria, Virginia, 22304.
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Truth - What Is A Land Patent - Allodial Titles Page 1 of 107

WHAT IS A LAND PATENT??

Essentially, a Land Patent is the first conveyance of title ownership to

WHAT IS THE VALUE OF A LAND PATENT?

DECLARATION OF LAND PATENT

In the Declaration of Land Patent, we then declare that we are the

DO NOT SEND CHECKS. SEND MONEY ORDERS ONLY / MAKE

A Declaration of Homestead should be filed whether or not you file a

GIVING NOTICE IS A BASIC PRINCIPLE OF LAW. WHEN THE

LAND OFFICES ORIGINALLY ISSUED THE LAND PATENTS, THEY

THE LAND PATENT WITH LEGAL DESCRIPTION FOR 60 DAYS:

CHALLENGED BY ANYONE, THE LAND PATENT WAS THEN

ALTERNATIVE WAY TO GIVE THE OTHER PARTY NOTICE IS TO

"NOTICE OF DECLARATION OF LAND PATENT" in a legal

QUESTIONS AND ANSWERS

Q. Why must we give the other side `NOTICE'?

A. Giving NOTICE is a basic principle of common law. If someone was

Q. Where can I find more case law on Land Patents?

A. At your local library at your courthouse or university. Look up the

Pre1868 - Supreme Court Cases

Post 1868 - Supreme Court Cases

9th US Circuit Court of Appeals

Q. Why send the Bureau of Land Management $20.00?

WHO DOES YOUR LAND BELONG TO?

While it is generally believed in America today that the purpose of the

To encourage railroad growth and provide transportation for over three

According to conservative estimates, possibly half a million U.S. farmers

Democrats and Republicans alike have allowed this policy to march

So the mortgage foreclosures, in the words of the great thinkers, will

"I OWN MY LAND?"

Taken from a letter/notice from the United States Department of the

The legal definition of Paramount is as follows:

Under the National Constitution, Article IV & 111, Clause 2, Congress

After the Declaration of Independence and the "REVOLUTION', the land

The case is WALLACE v Harmstad, S Ct 492 (1863), and the opinion

To get a better understanding of this issue, we must take a look at

certain definition, from Black's Law, as follows:

"ALLODIAL. Free; not holden of any lord or superior, owned without

Take note that AIIodiaI is the opposite of Feudal.

"FEUDAL. Pertaining to feuds, fees; relating to or growing out of the

"FEUD. An estate in the land held of a superior on condition of rendering

as "feod", "feodum", "feudom", "fief", or "FEE".

So the..term OWNERSHIP" may take on a totally different meaning,

"OWNERSHIP: The complete dominion, title, or proprietary right in a

1) Northwest Ordinance (1787)

2) Treaty of Peace, 8 STAT.80 (1783)

3) Treaty of Ghent, 8 STAT.218 (1818)

4) Oregon Treaty, 9 STAT.869 (June 15, 1846)

5) Treaty of Guadalupe Hidalgo, 9 STAT.922 (1848)

6) Treaty of Cession, 8 STAT.200 (1863)

The Treaty (Contract) Law cannot be interfered with, as the Supreme

It was through the 'experiences' of our Founding Fathers, coming from a

Absolute or Conditional Conveyance. An Absolute conveyance is one

Public Grant: A grant from the public; a grant of a power, license,

Before we go on to Patents, and with a little understanding of 'Grants',

"There is a distinction between a debt discharged and one paid. When

Government, but rather a Private Corporation!

To prove this, we go to the second point, the definition of Title, as found

3. Title to personal property may accrue in three different ways; by original