FORECLOSURE DEFENSE INSTRUMENT FOR QUIET TITLE & UNLAWFUL DETAINER ACTION But it is thought that true doctrine of "color

of tile" is that which in appearance is title but which in reality is no title. [fn1] Color of title is anything in writing purporting to convey title to land which defines extent of c laim. It being immaterial how defective or imperfect writing may be so that it i s sign, semblance, or color of title [fn2] Trustee's Deed Upon Sale; [fn3] 1) This conveyance is made in complian ce with the terms and provisions of the Deed of Trust [fn4] ... under the author ity and powers vested in the Trustee designated in the Deed of Trust ; 2) That by reason thereof the beneficiary under said Deed of Trust, has executed and del ivered to said duly appointed Trustee, a written Declaration of Default and Dema nd for Sale, [fn5] and has deposited with said duly appointed Trustee, said Deed of Trust and all documents evidencing obligations secured thereby, and has decl ared and does hereby declare all sums secured thereby immediately due and payabl e and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligation secured thereby ; being instruments of conveya nce in the chain of color of title and United States Land Patent 2314; [ fn6,7] most essential written instrument of conveyance not in the chain of colo r of title. A land patent by statute belongs to the person in whom, for the time being such title may be vested and passes with the title ; Trustee's Deed Upon Sale ; is a written instrument of color of title an d last written instrument of conveyance in the chain of color of title evidenced by the Judicially Noticed Title Report ; in a true chain of title and upon its face is an impossibility ; Trustee's Deed Upon Sale ; purports to convey title to the g rantees, when in fact the Trustee's Grant Deed; [fn8] is vested for the tim e being with the most essential written instrument of conveyance and passes with the title. [fn9] At law a land patent is not title to the land; but evidence o f title to the land ; Plaintiffs' Trustee's Deed Upon Sale ; being color of title is not veste d with evidence of Title and their cause is res judacata ; Sustained by the Uni ted States Supreme Court ; “a patent is the highest evidence of title, and is conc lusive against the government and all claiming under junior titles, until it is set aside or annulled by some judicial tribunal.” [Stone v. United States, 1 Well. (67 U.S. 765 (1865)]; And "The land patent is the highest evidence of title and is immune from collateral attack” [Raestle v. Whitson, 582p. 2d 170,172 (1978)]; “a patent to land is the highest evidence of title and may not be collaterally att acked” [State v. Crawford, 441p2d 586,590 (Ariz. app.1968)]; “the patent is prima facie conclusive evidence of the title.” [Marsh v. Brooks, 49 U .S. 223,233 (1850)]; “a patent issued by the government of United States is legal and conclusive eviden ce of title to the land described therein, no equitable interest, however strong , to land described in such patent can prevail at law, against the patent.” [Land Patents, Opinions of the United States Attorney General’s office. (Sept.1869)]

[1] Wilson v. Atkinson, 77 Cal. 486, 11 Am. St. Rep. 299, 20 Pac. 66 [2] Veal v. Robinson, 70 Ga. 809, 816 [3] Trustee s Deed Upon Sale; Tuolumne County Records; 06/09/2010; Pages; 2 Doc# 2010006767 [4] Deed of Trust; Tuolumne County Records; 05/09/2006; Pages; 5 Doc# 200600818 9 [5] Notice of Default; Tuolumne County Records; 10/22/2009; Pages; 2 Doc# 200901 3476 [6] U. S. Land Patent No. 2314; Issued 04/09/1892; To; Gianbatista Musante; Reco rded: 05/13/1893; in Book E1 of Patents at Page 148; Tuolumne County Records. [7] California Civil Code Section; 1093.

 

[8] Trustee s Grant Deed; To; "William J. Brainard; Tile Trustee; YOSEMITE NATIO NAL LAND TRUST in perpetuity, all rights reserved pursuit to jurisdiction of the Laws of the United States of America and the State of California along with Cla imant s Declaration of United States Land Patent Number 2314 incorporated herew ith and made a part of"; Recorded; 01/07/2010; Tuolumne County Records; Pages; 7 Doc# 2010000145 [9] California Civil Code Section; 994

FOR DECLARATION COPIES CALL; AMERICA S LAND PATENT AT; 530-391-7075 OR 2924CC @ GMAIL.COM

 

 

 

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