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. In federal courts the patent is held to be the foundation of title at law. Fenn v Holmes, 21 Howard 481. 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 “Sheriffs Deed”. Once a Declaration of Land Patent is in place and duly recorded it cannot be removed. . Neither a town nor its officers have any right to appropriate or interfere with private property. Mitchell v City of Rockland, 45 Me. 496. 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. 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. 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.
Posted on: Sun, 23 Jun 2013 03:19:32 +0000
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