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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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