Confirmatory Instrument Land Patent

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Transcript of Confirmatory Instrument Land Patent

WHEN RECORDED RETURN TO:

After Recordation Return to:

[Name]

c/o Postal Office Box [XXXX]

[Town] [Zip]

Washington

SPACE ABOVE THIS LINE FOR RECORDERS USE

CONFIRMATORY INSTRUMENT AND NOTICE OF ACCEPTANCE

NOTICE: Claim of Constitutional Land Status Protection is Hereby Given to All Governmental Entities and Subdivisions thereof, "First in Time, First in Right", jus duplicatum, to wit:

Animus ad se omne jus ducet, It is to the intention that all law applies.

Animus hominus est anima scripti, The intention of the party is the soul of the instrument.

KNOW ALL MEN BY THESE PRESENTS: This instrument provides public notice and confirmation for the record that, via treaty, congressional mandate, and presidential order, that certain executed, delivered, and accepted Letters Patent evidencing conveyance of Absolute Title, operating as quitclaim and confirmatory instruments in and to public domain lands, constitutes conclusive evidence of a grant of land whereby and through which the United States [sic], hereinafter Grantor, released in perpetuity all interest of the United States [save a limited reservation in the issued Letters Patent, a.k.a. land patent], and therein by law transferred Absolute Title to original Patentee guaranteeing exclusive possession and enjoyment of land, hereinafter Private Land, and to all Patentees successor Heirs and Assigns claiming and holding that Constitutional Homestead and evidence of Absolute Title in their names, veritas nominis tollit errorem demonstrationis.

This instrument shall be construed liberally so far as to recognize, encompass, embrace, and give force and effect to treaty [2], congressional mandate [1a], presidential order [2][3], Assignees acceptance [12], and the express intent [that]: Letters Patent, evidencing transference or conveyance of Absolute Title [5b] in and to Private Land, of an allodial nature [5][6], are issued and accepted amongst Sovereigns [17] in their names, and forever transferred into the names of their successors Heirs and Assigns. Further, this instrument corrects and confirms title already acquired by operation of law in the manner of traditio, and evidences jus gentium jurisdiction via Absolute Private Land Hold [16], above the High-tide Mark. The doctrine of Intention of the Parties shall herein bind.

WHEREAS: Grantor, for valuable consideration [1], did, by exclusive right [2], cause to be delivered herein-described Letters Patent [3], bearing signature under seal, whereby Grantor did wholly convey, remise, release, and forever quitclaim [4], all rights, title [1a], interest, and appurtenances of Grantor therein, all and singular, in the herein-described Private Land, situate in Washington [7], to Robert Dean Foster as successor Assignee, herein Assignee [8], [see Am. Jur. 2D b Other Judicial Matters (2) 135].

WHEREAS: Assignee, a neutral, non-belligerent, non-combatant, with a Absolute Private Land Hold, is Vested in Possession, and claims all Natural Rights in accord with treaty, congressional mandate, and presidential order to posses and own free and clear, all and singular, the herein-described portion of Private Land together with all rights, title [1a][5], interest, and appurtenances thereto, FOREVER established on the record as belonging to original Patentee, and Patentees Heirs and Assigns.

BE IT KNOWN: This instrument is duly executed, delivered, and accepted in accordance with laws created pursuant to treaty and congressional mandate vesting executive authority in the President of the United States of America [2], William M. McKinley, and in accordance with, but not limited to, the only Congressionally ratified Constitution of the State of Washington [5], 1878 A. D., declaring absolute allodial ownership of lands [6]:

THEREFOR: Assignee duly moves and causes recordation of this instrument, ex justa causa, i.e., in accordance with, treaty, law, contract, and right [15], as notice for the record of Assignees:

1) Recognition, acknowledgment, confirmation, and consummation of Grantors intended express privity covenant via grant, evidenced by issuance of Letters Patent operating as a quitclaim [4];

2) Unqualified acceptance by Assignee of delivery of evidence of Absolute Title [12] in and to; a Constitutional Homestead, forever accepting release of all Grantors rights, title, interest, and appurtenances in and to the subject Private Land in a manner of traditio;

3) Ratification, confirmation, clarification, and correction of evidence of Absolute Title in and to the subject Private Land vested in Assignee as of, and for, the 3rd day of May Nineteen Hundred A. D. pursuant to doctrine of relation, nunc pro tunc [13].

4) Absolute Private Land Hold in and to the subject Private Land [16] via right to contract in accordance with Art. 1 10 of the Constitution for the United States of America, 1787 A. D. Consensus facit legem and Legem enim contractus dat.

NOTICE: No notes of obligation evidencing debt, i.e., Federal Reserve Notes, bear on the force and effect of this instrument, and all use thereof, compelled and otherwise, is specially objected to by Assignee [9].

Valuable consideration in lawful money [gold and silver coin] of the United States having been tendered by original Patentee [1][9], and Letters Patent having been issued, a Covenant of Legal Privity is established whereby Assignee is Seisin in Title and Deed, (see supra 23 Am. Jur. 2D Deeds II. 13, fn 63) both legal and equitable, and Grantor, evidenced via Letters Patent, is forever precluded and Estopped by Matter of Record, Verdict, and Deed [10], from asserting, claiming, or demanding any right, title, interest, or appurtenance in Private Land, nor in or to any part thereof, expressly including after-acquired titles [11c], other than as exclusively established or reserved on the face of the original Letters Patent.

LAWFUL DESCRIPTION OF THE PERTINENT PART OF PRIVATE LAND [7]:

1) [Description from Land Patent]

LEGAL DESCRIPTION OF ALLEGED REAL PROPERTY FOR REFERENCE:

1) [Description from Warranty Deed]

PUBLIC NOTICE OF RECORD CORRECTION: Recordation of this Confirmatory Instrument and Notice of Acceptance also corrects a defect in the so-called legal description of the alleged real property purportedly pertaining to Private Land referenced by the lawful description, supra, set forth in Letters Patent, confirmatio perficiens, to wit:

The alleged legal description set forth above as follows: the phrase Township 15 West should read Township 15 North as correlated with paragraph one (1) of the lawful description set forth above; [Note: there was a discrepancy in the warranty deed that this insert corrects]

NOTICE: Implementation of this correction of the record shall not be construed as a re-registering of the Private Land viz. the herewith expressly unauthorized conversion of the Lawful Description into any colorable LEGAL DESCRIPTION for benefit of any entity not expressly named in original grant, e.g. Thurston County, State of Washington.

Accordingly, it is herewith deemed that:

Any express or implied attempt to exercise authority over Assignee or Private Land based upon any use of the above-referenced legal description shall be construed as an unauthorized attempt to bar Assignee from the guaranteed exclusive possession and enjoyment [1a][5b] of Private Land, and, [that] said description neither attaches to, nor is of any force and effect concerning, said Private Land.

Veritas demonstrationis tollit errorem nominis. As such, Assignee establishes for the record the true, correct, and authentic Private Land description in accordance with the original granting instrument [3], nunc pro tunc:

A patent to land, issued by the United States under authority of law, is the highest evidence of title, something upon which its holder can rely for peace and security in his possession. It is conclusive evidence of title against the United States and all the world... 2 The American Law of Mining, 1.29 at 357. Nichols v. Rysavy, (S.D. 1985) 610 F. Supp. 1245. [emphasis added] [QC]

Note: The references below correlate to the numbers in preceding paragraphs

NOTICE:

INCORPORATED MEMORANDUM, AUTHORITIES, REFERENCES, AND DEFINITIONS, TO WIT:

All authorities, references, and definitions are incorporated herein by reference and made fully part hereof as if fully set forth. Other omitted authorities are herein introduced by accord. Use of private copyrighted laws, statutes, codes, and court citations, for notice and declaratory purposes herein shall not be construed against Assignee as adhesion, indicia, or submission to any foreign, domestic, or municipal jurisdiction.

Constitution for the United States of America, Art. IV I, 1787 A. D. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. [QC]

Transcripts of the records in the district land offices, when made and duly certified to by the Secretary of the Interior or such officers as he may designate for individuals, shall be admitted as evidence in all courts of the United States and the Territories thereof, and before all officials authorized to receive evidence, with the same force and effect as the original records. 43 U.S.C. 83. [QC]

[T]hat the courts will not interfere by mandamus or injunction [A]ffirmed and applied to registers and receivers of land offices. Litchfield v. Register and Receiver, 76 U.S. 575 (1869) [QC]

RCW 5.44.040 Certified copies of public records as evidence

Copies of all records and documents on record or on file in the offices of the various departments of the United States and of this state or any other state or territory of the United States, when duly certified by the respective officers having by law the custody thereof, under their respective seals where such officers have official seals, shall be admitted in evidence in the courts of this state. [QC]

Exemplified Copies of the Following are Available Upon Written Request:

[1] Issuance of the subject letters patent is prima facie evidence that certain criteria for granting public domain land out of the United States had been satisfied, and that both surveys and other fees were paid for with lawful money of the United States circa 1900 A. D., thereby forever transferring all rights to Absolute Title and appurtenances in Patentee and Patentees successive Heirs and Assigns. [See #5]

a) [T]he purchaser shall acquire absolute title by the purchase, and be entitled to a patent from the United States, on payment of the office fees and sum of money Thirty-Seventh Congress, Session II. Cu. 75 Section 2 (1862). [Homestead Act][emphasis added][QC]

Absolute Title: As applied to title to land, an exclusive title, or at least a title which excludes all others not compatible with it. An absolute title to land cannot exist at the same time in different persons or in different governments. Blacks Law Dictionary 6th Edition.

b) "[N]o patent shall ever issue for any land located therewith, [but] [B]y due proof that the same was executed by the warrantee in good faith and for a valuable consideration. Hussman v. Durham, 165 U.S. 144 (1897). [emphasis added][QC]

[2] Authority of the President of the United States of America:

Exclusive Right: One which only the grantee thereof can exercise, an from which all others are prohibited or shut out. Blacks Law Dictionary 6th Edition.

Executive Power: Authority vested in executive department of federal or state government to execute laws. supra.

To act as agent to dispose of public domain lands into private domains are set forth and established, as a Delegation of Authority, in the Unanimous Declaration of Independence, 1776 A. D.; Constitution for the United States of America, 1787 A. D.; Northwest Ordinance, 1 Stat. 51, July 13, 1787 A. D.; The Treaty of Peace with Great Britain, 8 Stat. 80, known as the Treaty of Paris, 1793; The Oregon Treaty, 9 Stat. 869, 1846 A. D., June 15 1846 A. D.; The Homestead Act, 12 Stat. 392, 1862 A. D.; The Law of Nations; 43 U.S.C. 57, 59, & 83; and the only Congressionally ratified 1878 Constitution of the State of Washington, plus multitudinous other omitted authorities, introduced herein by accord.

[3] Letters Patent number 1800, bearing presidential signature under seal on May 3rd 1900 A. D., thereafter directed by presidential order to be delivered and placed on file with the Bureau of Land Management, (formally the General Land Office) Oregon State Office, Postal Office Box 2965 Portland 97208 Oregon; certified copy thereof is on file with the recorder in Thurston county, Washington. (See incorporated, certified copy res ipsa loquitur)

[4] A patent of the United States[A]s a deed its operation is that of a quitclaim or rather of a conveyance of such interest as the United States possessed in the land[T]his record, [the patent] so long as it remains unvacated, is conclusive. Beard v. Federy, 70 U.S. 478, 3 Wall, 478, 18 L.Ed.88. (1865). [emphasis added][QC][See #11 for Quitclaim][See authorities cited at #14]

[5] The Constitution of the State of Washington, 1878, Granting Statehood, Declares:

The people of the state, in their right of sovereignty, are declared to posses the ultimate property in and to all lands within the jurisdiction of the state. Art. II, 3; and,

All lands within the state are declared to be allodial, and feudal tenures, with all their incidents, are prohibited Art. V, 23. The only Congressionally ratified Constitution of the State of Washington, 1878, located at the Washington state archives or the national archives at Washington D.C. [Note: This may carry no weight in court as they dont recognize the de jure constitution, the 1889 constitution is recognized which omits the above]

[6] Allodial:

Except in one or two states, property in the various American jurisdictions, by virtue of state constitutional provisions, organic territorial acts incorporated into the legal systems of states subsequently organized, statutes, and decisions of the courts, is determined to be held allodially, in absolute and direct dominion, subject only to escheat in the event of failure of successors in ownership. Feudal tenures do not and cannot exist. As the Supreme Court has stated, the holding of real property by the owner in fee simple in this country is from the state as chief lord or lord paramount. 28 Am. Jur. 2D Estates, I 4. See Miller v. Miller, 91 Kan 1, 136 P 953, referring to the fact that tenures in Kansas are allodial. [emphasis added][QC]

[W]ithout condition, belonging to the owner, and alienable by him, transmittable to his heirs, absolutely and simply, is an absolute estate in perpetuity and the largest possible estate a man can have, being in fact allodial in its nature. Stanton v. Sullivan, 63 RI. 216 696 (1839). [emphasis added]

"Even allodial titles, which are the only kind existing in the United States, begin with a grant from the sovereign state. Marnerakis v. Lichten, No. 0102403C (November 17, 2003) Massachusetts Superior Court. [emphasis added][QC]

Supplemental: From Blacks Law Dictionary 6th Edition.

a) Absolute Estate: Common Law Classification: An absolute estate is a full and complete estate, or an estate in lands not subject to be defeated upon any condition.

b) Allodial: Free. Not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal.

c) Allodium: Land held absolutely in ones own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof.

[7] Original jurisdiction in Washington in accord with original Lawful Description herein, and the original Constitutions for both The State of Washington and The United States of America, Art. III, 2, cl. 1& 2.

[8] The terms Living Principle and Assignee are herein synonymous and shall be construed to include Sovereign Man on the Soil in Lawful Corporeal Possession above the High-tide Mark of the herein-described Private Land (non-commercial estate, not for sale, rent, or lease) with Absolute Title [1a] thereto as Assignee possessing a Absolute Private Land Hold see #14 below, and as stare desisis Successor in Interest, with Adverse Possession in toto etc, etc.

[9] [F]ederal Reserve Bank notes and other notes constituting a part of the common currency of the country, and ordinarily passed as money. Such notes have been invariably recognized as a good tender for money, unless specially objected to. MacLeod v. Hoover, 159 La. 305 (1925). [emphasis added][QC]

The United States, and all political and governmental subdivisions thereof, are operating in an apparent state of bankruptcy, as witnessed by the Federal Reserve Act of December 23, 1913; Executive Orders 6073, 6102, 6111, and 6260; Emergency Banking Act, March, 9, 1933, 48 stat, 1, Public Law 89-719; Conference of Governors, March 6, 1933; confirmed in House Joint Resolution 192 of June 5, 1933; Perry v. U.S., 294 U.S. 330-381, 79 L.Ed. 912 (1935); 31 U.S.C. 5112, 5119; 12 U.S.C. 95a; Congressional Record March 17, 1993 Vol.#33, page H-1303; and numerous other omitted authorities, constituting second party witness.

Political and governmental subdivisions of the United States [sic], supra, may not accept constitutional money, i.e., gold and silver coin of the United States as defined in the [un-repealed] Coinage Act of 1792 and the Constitution for the United States of America, Art. I, 10, cl. 1, as payment, thereby commercially frustrating Assignees ability to pay any debts at law.

[I]nsofar as it [H.J.R. 192] undertakes to nullify such gold clauses in obligations of the United States[it] is unconstitutional, Perry v. United States, 294 U.S. 330 (1935) [QC]

By the apparent commercial usufruct, i.e., industrial use, cultivation, and civil profits derived from the herein-described Private Land, and original payment at law by the above-referenced political and governmental agency subdivisions, they have already received valuable consideration [See also #1]:

"[N]o patent shall ever issue for any land located therewith[B]y due proof that the same was executed by the warrantee in good faith and for a valuable consideration. Hussman v. Durham, 165 U.S. 144 (1897). [QC]

[10] Estoppel:

[S]uch an agreement is of no greater force as an estoppel than the exception in the patent.[T]he patent passes the title and is not open to collateral attack. Burke v. Southern Pacific R. R. Co., 234 U.S. 669 (1914). [QC]

[T]he principles of right and justice, upon which the doctrine of estoppel in pais rest, are applicable to municipal corporations, The municipality is estopped both on the contract and on the ground of equitable estoppelSo held. Beadles v. Smyser, 209 US 393 (1908). [emphasis added][QC]

Estoppels which run with the land and work thereon are not mere conclusions; they pass estates and constitute titles, and are muniments of title, assuring it to the purchaser. The estoppel which inures in favor of a grantee of land operates in favor of a purchaser from him; where a grantor is estopped by his deed to set up title against his grantee, he is likewise estopped to set it up against the assigns of such grantee.

All persons claiming through the parties estopped are equally bound by the estoppel. An estoppel which work on an interest in land runs with the land into whosoever hands the land comes, and privies who are bound by such estoppel include privies in blood and estate. However, an estoppel by deed is operative only between parties to the deed and their privies; strangers to the deed are not bound by, nor can they invoke, the estoppel. 28 Am. Jur. 2D Sec. Estoppel by Deed or Bond A 8. [QC]

Supplemental: From Blacks Law Dictionary 6th Edition:

Estoppel - means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly.

Estoppel by Deed - is a bar which precludes one party to a deed and his privies from asserting as against the other party and his privies any right or title in derogation of the deed or from denying the truth of any material facts asserted in it.

Estoppel by Verdict - provides that prior judgment must be deemed conclusive as to all right of parties and their privies when the same parties or privies are involved in the same issues.

Legal Estoppel - Estoppel by deed or record, as distinguished from estoppel by matter in pais. i.e., a common law estoppel.

[11] Quitclaim [See #14 for relevant court citations]:

a) v. In conveyance, to release or relinquish a claim; to execute a deed of quitclaim. Blacks Law Dictionary 6th Edition.

b) Quitclaim Deed - A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises Blacks Law Dictionary 6th Edition. [emphasis added]

[I]t may be stated as a general principle that no estoppel arises from either making or accepting a quitclaim deed, except as to any right, title, or interest the grantor may have had or claimed at the time of the conveyance. Such generalization is in full accord with the basic theory that a mere quitclaim is created where a deed is only a conveyance of the interest or title of the grantor in and to the property described, rather than of the property itself, and that a quitclaim passes all the right, title, and interest which a grantor has at the time of making the deed which is capable of being transferred by deed, unless a contrary intent appears, and nothing more. 28 Am. Jur. 2D Estoppel by Deed or Bond, Sec. A 8. [QC]

c) RCW 64.04.050 Quitclaim deed -- Form and effect

Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described, but shall not extend to the after acquired title unless words are added expressing such intention. [emphasis added]

[12] Delivery of Deeds: (See 1a)

Title was in the United States on the date as of which the assessment was made, and did not pass until the execution and delivery of the deeds. McCurdy v. United States, 264 U.S. 484 (1924). [emphasis added][QC]

In order to give any effect to the deed [I]t must have been delivered at some time. Murphy v. Hanright, 238 Mass. 200, 130 N.E. 204 (1921). [QC]

First, the Grantor must possess a present intent to pass title to the grantee with the delivery of the deed,Murphy v. Smith, 291 Mass. 93, 195 N.E. 912 (1935). In addition, the Grantee must demonstrate a concomitant intention to accept the deed, usually by some affirmative act, Jucho v. Toton, 338 Mass. 309, 155 N.E.2d 162 (1959).

Secondly, its been held that the effective date of the deed is the date of delivery,Federal Trust Co. v. Bristol County St. Ry., 222 Mass. 35, 109 N.E. 880 (1915).Conversely, the date of execution is unimportant.Harrison v. Trustees of Phillips Academy, 12 Mass. 456 (1815).

[13] Confirmatory Deed:

[W]hile it is true that in Beard v. Federy, supra, Mr. Justice Field calls such a patent a quitclaim, we think it rather should be described as a confirmation in a strict sense. Boquillas Land & Cattle Co. v. Curtis, 213 U.S. 339 (1909). [emphasis added][QC]

Old Republic Title Insurance Group, Massachusetts:

(Visited May 2, 2004)

A type of deed, which is used to correct certain defects in record title. It is important to know that the purpose of a confirmatory deed is not to give or create a new title but simply to perfect the evidence of a title created long before. A deed stating that it is given to replace a certain deed of the same tenor is merely confirmatory, and does not pass a title to a part of land which one of the grantors has acquired after the execution of the lost deed and before the execution of the confirmatory one. [emphasis added]

Confirmatory deeds may be used to correct the deeds to the present titleholders as well as prior defects in record title. See Bon v. Graves, 104 N.E. 2d 1023 (1914), which held that a confirmatory deed, properly sealed and declaring that an earlier deed between the same parties was also sealed, obviated the defect in the title arising from lack of seal on the earlier deed.

When a confirmatory deed is used to correct a title defect in the deed to the original grantee, who had already conveyed the property to third parties, the confirmatory deed should run to the original grantee and to those persons claiming by, through or under him by instruments of record. It should be dated as of the date of the original conveyance, contain a reference to the deed being confirmed and a statement that it is given to confirm the earlier deed. [emphasis added][end supra Old Republic]

The doctrine of relation gives effect to an act done at one time as if it had been done at another. It is a legal fiction adopted by courts solely for purposes of justice, to avoid denial or loss of right; but not to impose burdens. Its application depends on some antecedent right. McCurdy v. United States, 264 U.S. 484 (1924). (See Doctrine of Relation at Blacks Law Dictionary 6th Edition) [emphasis added][QC]

As between the parties, and for the advancement of justice, a deed may be deemed to relate back to the date that the grantor agreed to sell and the grantee agreed to purchase the premises. 23 Am. Jur. 2D Deeds 331. [QC]

[14] Relevant Court Citations [See footnote A]:

A patent of the United States; [A]s a deed its operation is that of a quitclaim or rather of a conveyance of such interest as the United States possessed in the land. Beard v. Federy, 70 U.S. 478, 3 Wall, 478, 18 L.Ed.88. (1865). [emphasis added][QC]

[The patent][A]s it was intended it should be, an instrument of quiet and security to its possessor. Beard v. Federy, 70 U.S. 478, 3 Wall, 478, 18 L.Ed.88. (1865). [emphasis added][QC]

A patent operates as a deed of the government. As a deed, its operation is that of a quitclaim It passes only the title the government has ... [O]n the date of the patent. 63A Am. Jur. 2D Public Lands 77, at 575 (1984). North Star Terminal and Stevedore v. Alaska Railroad Corp. (7/30/93), 857 P 2d 335. (Alaska 1993). [emphasis added][QC]

As we have noted in connection with a patent by the United States, the patent's effect is the same as though the United States had executed a quitclaim deed. City of Anchorage v. Nesbett, 530 P.2d 1324, 1329 (Alaska 1975) (quoting and relying on Wilson Cypress Co. v. del Pozo y Marcos, 236 U.S. 635, 647-48 (1915). [emphasis added][QC]

A patent is intended to quiet title to, and secure the enjoyment of, the land for the patentees and their successors. Thus, as a quitclaim deed, a land patent conveys whatever interest the government has in the soil and the land. Keag Family Limited Partnership v. State Board of Tax Commissioners; Cause No. 02T10-9906-TA-145. (Not published, September 2001). [emphasis added][QC]

[W]hile it is true that in Beard v. Federy, supra, Mr. Justice Field calls such a patent a quitclaim, we think it rather should be described as a confirmation in a strict sense. Boquillas Land & Cattle Co. v. Curtis, 213 U.S. 339 (1909). [emphasis added][QC]

"Congress has the sole power to declare the dignity and effect of titles emanating from the United States and [Congress] [D]eclares the patent the superior and conclusive evidence of legal title." Langdon v. Sherwood, 124 U.S. 74 (1888). [emphasis added][QC]

A patent certificate, or patent issued, or confirmation made to an original grantee or his legal representativesembraces representatives of such grantee by contract, as well as by operation of law. Hogan v. Page, 69 US 605, 171 Ed. 854. [QC]

[N]othing but a patent passes a perfect and consummate title; Wilcox v. Jackson, 38 U.S. 498 (1839). [QC]

Without doubt the patents passed the legal title; Northern Pac. Ry. Co. v. McComas, 250 U.S. 387 (1919). [QC]

[15] The Unanimous Declaration of Independence July 4, 1776:

We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness [emphasis added]

[16] Absolute Private Land Hold: Derived from Blacks Law Dictionary 6th Edition.

a) Absolute: - Complete; perfect; final.

b) Private: - Not official, not clothed with office.

c) Land: - Comprehends any ground, soil, or earth whatsoever; character of interest.

d) Hold: - v. To posses in virtue of a lawful title; i.e. To have and to hold.

[17] Sovereignty:

Since an estate in fee simple implies absolute sovereignty over the land, the power of alienation is necessarily and inseparably incidental thereto, and an unlimited condition in restraint of alienation attached to such an estate is void. Loventhal v Home Ins. Co. 112 Ala 108, 20 So 419; Allen v Craft, 109 Ind 476, 9 NE 919; Moore v McKinley, 246 Iowa 734, 69 NW2d 73; Coleman v Shoemaker, 147 Kan 689, 78 P2d 905; Vaughan v Compton, 361 Mo 467, 235 SW2d 328; Hughes v Millers' Mut. F. Ins. Co. 147 Tenn 164, 246 SW 23, 28 ALR 797; Wickouski v Swift, 203 Va 467, 124 SE2d 892; White v White, 108 W Va 128, 150 SE 531, 66 ALR 518; Hays v Walnut Creek Oil Co. 75 W Va 263, 83 SE 900. quote at 23 Am. Jur. 2D b, Fee Simple or Fee Simple Absolute, 1, General 10. [emphasis added][QC]

[P]assing whatever interest the United States has in the premises and thereby settling any question of sovereign ownership. Pueblo of Santa Ana v. Baca (CA10 NM) 844 F2d 708; Whaley v. Wotring (Fla App D1) 225 So 2d 177; Dugas v. Powell, 228 La 748, 84 So 2d 177. [quote at 28 Am. Jur. 2D, F. 2 49]. [emphasis added][QC]

Patents are issued only by sovereign powers Leading Fighter v. County of Gregory, 230 n.w. 2d 114, 116 (1975) [QC]

In this country sovereignty resides in the people The peopleestablished a national government, with sovereign powers Juilliard v. Greenman, 110 U.S. 421 (1884) [emphasis added][QC]

"Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of the government, sovereignty itself remains with the people, by whom and for whom all government exists and acts."Yick Wo v. Hopkins, 118 U.S. 356 (1886). [emphasis added][QC]

[T]he right to make binding obligations is a competence attaching to sovereignty. In the United States, sovereignty resides in the people. Chisholm v. Georgia, 2 Dall. 419, 471; Penhallow v. Doane's Administrators, 3 Dall. 54, 93; McCulloch v. Maryland, 4 Wheat. 316, 404, 405; Yick Wo v. Hopkins, 118 U.S. 356, 370. Quoted in Perry v. United States, 294 U.S. 330 (1935) [emphasis added][QC]

The sovereign is merely sovereign by his very existence... The rule in America is that the American people are the sovereigns. Kemper vs. State, 138 S. W. 1025, p 1043 (1911) [emphasis added]

Severability Two thousand four A. D.: If any provision of this instrument or its application hereto or intent herein is held invalid, the remainder of this instrument or the application thereof is not to be affected. Titles and headings in this instrument shall have force and effect.

A deed by which one gives lands to another and his heirs, if properly executed and delivered, is good even though it is without premises, habendum, reddendum, warranty, testimonium, and date. Sterling v. Park, 129 Ga 309, 58 SE 828. quote at 23 Am. Jur. 2D Deeds 18, and If an intention to pass the title is disclosed, the court will give effect to such intention notwithstanding inaccuracy of expression or inaptness of the words used. 23 Am. Jur. 2D Deeds 19.

Eadem mens prsumitur regis qu est juris et qu esse debet.

The mind of the Sovereign is presumed to be coincident with that of the law, and with that which it ought to be.

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENTS

NOTICE TO THE AGENTS IS NOTICE TO THE PRINCIPAL

Assignee Verification

[Name], Living Principle and Assignee herein, autographing hereunder, does herewith state, declare, and asseverate, as express voluntary act and deed, that all statements made herein are true, correct, and complete in accordance with the best of Living Principles knowledge and understanding.

Autograph of Living Principle; Not an Accommodation; All Rights Reserved; All Rights Secured; Non-waiver of Sovereign Immunity:

[Name]

Seal

county of XXX, The state of Washington

Witness Attestation

Witness Attestation

True, Correct, and Complete

True, Correct, and Complete

________________________________Seal

_________________________________ Seal

___________________________________

____________________________________

Print Name

Date:

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NOTARY CERTIFICATE OF ACKNOWLEDGEMENT AND EXECUTION

Notice: Use of Notary shall not be construed against Authorized Representative as adhesion, indicia, or submission to any foreign, domestic, or municipal jurisdiction.

The State of Washington )

) ss KNOW ALL MEN BY THESE PRESENTS

Thurston county )

Subscribed, verified, and asseverated before [Notary Name], testifying herewith as a duly commissioned and sworn resident agent and notary public in and for the County of XXX, State of Washington, by [Name], who proved to this agent on the basis of satisfactory evidence and personal knowledge that [Name] moves into the record this CONFIRMATORY INSTRUMENT AND NOTICE OF ACCEPTANCE and I attest that [Name] has read the contents of this instrument, verified the completeness and accuracy thereof, and moves same by free voluntary act, will, and conviction in express, plenary capacity.

I further attest that [Name] appears to be of sound mind and not under or subject to duress, fraud, intoxicating or undue influence and I have inspected the document and ascertained there are no interlineations, erasures or other changes.

So done in my presence and attested to this _______ day of February, Two Thousand Five A. D.

In witness whereof, I hereunto set my hand and official seal:

My Commission Expires ___________________________________________________________

[NOTARY NAME] NOTARY PUBLIC OBSIGNATORY ________________________________

[Notary Name]

[Address, Zip]

[Town, Washington]

Accepted by [Your Name] ___________________________________

Seal

Note: This document has been customized for the Northwest Territories. Another version contains provisions negating abandoned railroad grants.

Autographed

Fox Stamp

CONFIRMATORY INSTRUMENT AND NOTICE OF ACCEPTANCE - Page 1 of 12 Copyright 2007

Footnotes: [A] Numerous other relevant cites omitted. [QC] = Quote Checked. Rev. 2.81 Dated November 13, 2007 A. D.