Showing posts with label bob hurt. Show all posts
Showing posts with label bob hurt. Show all posts

Friday, March 09, 2012

ABC NEWS NIGHTLINE TELEVISES DEFAMATORY STORY ON SOVEREIGN CITIZENS

ABC NEWS NIGHTLINE TELEVISES DEFAMATORY STORY ON SOVEREIGN CITIZENS


See supporting videos:

Diane Sawyer ABC World News report:
http://www.youtube.com/watch?v=NsFSS2iK-cA 


Dan Harris ABC News Nightline report:
http://www.youtube.com/watch?v=vvVGE7d-hJs 




On Thursday evening 8 May 2012 both Diane Sawyer and Nightline featured stories on the Sovereign Citizens, a so-called investigative report that ignored gun-toting militiamen and focused on wackos who are not sovereign citizens, the SWAT murders of Jerry and Joe Kane, which ABC suggested was justified by the I-41 murders of the West Memphis Arkansas Police Chief’s son and nephew by Hispanics, a man flying a plane into the Austin TX IRS building, an Alabama man who fought local government officials with lawsuits and liens, and a loose-knit Tampa Bay group interested in activism to oppose crime in government.
The report lumped all so-called sovereign citizens together with out-and-out criminals as domestic terrorists.  It became nothing more than a hatchet job that ignored the UNDERLYING CAUSES of patriot activism:  CRIME IN GOVERNMENT.  Not once did the report even remotely suggest that reports of crime or criminals in government lead to much civil unrest across America.  The report cast as HATE GROUPS those who organize to oppose crime and criminals in government.  It ignored language in all the state constitutions and the Declaration of Independence that acknowledges the right of the people to alter or abolish their form of government by whatever means they deem expedient (see proof at the end of this message).
Bottom Line, ABC and CBS producers and anchors don’t seem to have a clue at all that people in government commit crimes under color of law, abuse their authority, and deserve summary ouster without waiting for any legal process or election. 

Even worse, ABC and CBS have proven their news stories operate according to the dictates of the ultra-leftist/Communist ADL (Anti-Defamation League) and SPLC (Southern Policy Law Center).  They do this because unconstitutional actions of Barack Obama and the leftist Congress have caused much of the civil unrest in America through abusive deficit spending and bailouts.  ABC and CBS want to defocus public attention from those crimes because the ADL and SPLC, which fully support Obama’s and Congress’s criminal leftism, are, after all, COMMUNIST FRONT ORGANIZATIONS that want to see our nation decline because of lawlessness in government. 

The mainstream media wants to focus public attention on sovereign citizens, accusing them of wrong-doing to make them, not the criminals in government, seem criminal to the American public.  They hope the FBI will go after sovereign citizens for domestic terrorism, and thereby stimulate ever more civil unrest over further government abuse of the people who simply want government to return to constitutionality.

I told ABC Producer in an email yesterday:  “You guys are idiots.”  Now read the below, watch the videos,  learn the truth, and judge for yourself.  ABC and CBS have outed themselves as Public Relations agents of the ADL and SPLC.  As you will see, they are wolves under sheep wool.

The Web Link to the Nightline report


 

The ABC News Inflammatory Headline:

 

Sovereign Citizens: Radicals Exercising 'God-Given Rights' or Fueling Domestic Terrorism?


The Real  Story.

This ABC News Nightline episode condemned Sovereign Citizens as haters of government and domestic terrorists.  The small segment on Sovereign Citizens portrayed them as DANGEROUS.  It highlighted people in Texas, the man who flew a plane into an IRS building, the Arkansas police chief who lied that Jerry and Joe Kane murdered his son and nephew on an I-41 off-ramp in 2010, the meeting I called for ABC’s benefit in a Palm Harbor, FL restaurant, and an Alabama man being prosecuted for filing lawsuits against local judge and others.  The show did not portray any militia or other “violent” group and the commentator did not explain the problems with employees of municipal, county, state, or federal governments who abuse people under color of law, who violate their loyalty oaths by usurping authority the constitutions don’t grant them, and who fail to enforce either the structure of government or who protect the expressed and implied rights guaranteed by the constitutions.

I had told Dan Lieberman repeatedly that the sovereign citizen movement and most other activities against government in the USA arise as a consequence of crimes and criminals operating under color of law in government.

I called the meeting to show my intention to bring an even hand to the disparate people who crave education, relief, remedy regarding government abuse, to dispel patriot myths, and to teach the law and court rules to people so they can become administrative, legal, and political activists with some chance of improving government by effecting the excise of crimes and criminals from government. 

Their news report makes it obvious that they had no intention of telling the truth about this, and instead wanted to paint anyone they could denominate sovereign citizens as black-hearted, delusional fools and domestic terrorists.  The televised ONLY the inflammatory comments that they believed would alarm viewers and drive their point home that they consider as dangerous domestic terrorists any citizens who stand up against government abuse.  They seemed totally disinterested in the nature of any government abuse.  They lumped the people in our meeting together with the bozo from Alabama and the 2010 murder of the two cops in West Memphis Arkansas.  I consider that utterly scurrilous.

When Dan Lieberman visited me in January, I took great pains to ensure he did not intend to bash the sovereign citizens  the way CBS did a few months ago.  Millions of Americans watched the bashing he and Dan Harris did anywah. but most viewers don’t know what I shall show:  Francis Knize video-recorded our entire meeting.

You can see the FULL 2-HOUR MEETING that I called for reorganization and for the benefit of ABC News here for comparison with the ABC News skewed excerpts in their news report.





The day before, Francis Knize interviewed me regarding Loyalty Oaths in Florida.  You see the supporting report that I wrote on the subject here

Loyalty Oaths in Florida





See a corresponding report here:

Dialog and Commentary From the Nightline Story


I transcribed the comments and dialogue from the 8 March 2012 ABC News Nightline report derived from the Tampa Florida area meeting that I convened.
Commentator: This is a movement estimated to be 300,000 strong and growing in every state  in America, whose members argue they are really patriots, defenders of freedom in a country with an increasingly tyrannical government.  To find out if these people are motivated by love of liberty, or as their critics say, by greed, anarchy, and bloodlust, Nightline went deep inside a notoriously press-shy movement.  We started here in a diner outside Tampa Florida.
Dan Harris (ABC News Anchor):  Hi everybody, how’s it goin’?
Kim Greene: [silent]
Announcer: The first impression was striking.  These are not what many of us would expect antigovernment extremists to look like.  They are diverse, middle class, educated, and convinced that the government is out of control.
James Gray:  They put the cuffs on me and I’m thinking false arrest, and tightened up about two clicks too tight and I brought my right hand up and I said hold it hold it man you got to loosen up these cuffs, they cuttin’ off my circulation
Francis Knize: How dare them? How dare them?
Announcer (overtalking Bob Hurt]: In most instances they are non-violent, but not all of them ruled it out.
William Crowley [fade in]: … being non violent not going to get you anywhere.  I don’t want to come here with this  bullcrap about trying to impress the news, impress ABC News about how friendly we are.  I don’t give a crap how friendly anybody is.  They come at me with a gun, I got a gun too, okay?  That’s what I’m about.

Article from the The ABC News web site.


By ABC NEWS
March 8, 2012
Sovereign citizens are a loosely-organized collection of groups and individuals who believe they are both above the law and "true defenders of the Constitution."
They follow their own set of rules and many refuse to pay taxes. The movement's followers believe, in large part, that the existing government in the United States is illegitimate and needs to be "restored." Many sovereigns refer to themselves as "patriots" or "constitutionalists." Driver's licenses, license plates, and insurance are not required, many sovereign believe, going as far as making their own identification badges and gun permits. Some members are known to turn violent against law enforcement and are notoriously hostile towards the media.
Federal government officials describe sovereign citizens as an "extremist anti-government group" and the FBI is concerned about members of the group becoming more violent, accusing them of "comprising a domestic terrorist movement."
According to a new study released Wednesday by the Southern Poverty Law Center, the number of so-called hate or anti-government groups grew last year in the United States, fueled by a deeply felt socio-economic clash between the wealthy and the rest of the country, hostility from the right toward President Obama as he prepares to run for re-election, and the ease of the Internet to spread information.
Sovereign citizens are a loosely organized... View Full Size
[remainder of article redacted]
Watch the full story on "Nightline" TONIGHT at 11:35 p.m. ET/PT

SWAT Murders of Jerry and Joe Kane, and Gov’t Cover Up


Now, regarding the SWAT murder of Jerry and Joe Kane in 2010, read this for comparison with the lies in the CBS/ABC News Story (virtual copies of one another):

·         Discussion of the framing of the Patriot Movement via the Kane murders:

·         Private Audio run-down on the incident:

·         Donna Lee’s analysis of the events related to her husband’s murder:

See the  Jerry Kane Cover Up presentation presentation  I sent to CBS News Producer Clem Taylor in August 2011 at http://www.scribd.com/doc/84744759.
Donna Lee sent it to me with these comments:

*****
Here is the smoking gun we've been looking for in the Jerry Kane case.

Actually, it's more like a huge mushroom cloud.


It was there the whole time.


Even if you just look at the first 14 slides of this new Power Point Presentation,
you will be amazed at how the police almost squeaked by with faking the
reenactment 515 feet away from the real traffic stop location.

As soon as the Chief got wind that we knew he faked the traffic stop, he announced
his retirement. Why? Because he played a role in the reenactment. The good news is
that he won't have police protection. Actually, we know he was forced out. The
retirement line is just to save face. But he's going to be on his own. How sad.

******
I forwarded the presentation and Donna Lee’s text to Clem with this note:
**** Wed 8/31/2011 6:22 AM
Clem, I gave you this woman’s name so you could interview her in the subject segment.  Instead of televising her comments to debunk the lies told by the chief of police, you televised the chief of police, a fuming megalomaniac your crew did its best to make seem sane. 
Donna Lee has numerous evidences that 60 minutes ought to televise with hard core John Stossel-type questions.  Why did the ONLY WITNESS, a Fed-Ex driver, claim he saw Hispanic men shooting the police by the white van with orange roof?  Why then did the swat team murder the Kanes in their white van with white roof?
The law enforcers have some explaining to do.
So does 60 minutes .
****

ABC News totally ignored the opportunity to research the trumped up story against the Kanes, and Dan Lieberman said he had no interest in interviewing Donna Lee who lives not too far from me.  That tells me he had no interest in investigating further and already had his mind made up to pillory the sovereign citizen movement with the Kanes trumped up cop-murder allegations.
The news report included and relied heavily upon the traditional Communist/leftist drivel from The Anti Defamation League and Southern Poverty Law Center against any patriots who want to stand up against government abuse.

Flying a Plane into IRS Building

As for the man who flew his plane into the IRS building, I certainly consider that extreme, but it also makes the point that he felt frustrated and hatred.  No news reporter has examined the underlying evidence to determine whether the man had just cause to go after IRS agents who abused him, or whether the man could not get the cooperation of the government to bring any rogue IRS agent to justice.  Imagine how easily one can fight a court battle against the IRS after the IRS has stripped one of all money through liens and levies against bank account, social security income, wages, and any other sources of income, and has done so without a single court order.

Email to CBS Producer Clem Taylor Thu 2/24/2011 2:05 AM

I sent Clem Taylor of CBS, my story, appended hereto, and referred him to these documents, in response to his hatchet job against sovereign citizens in 2011;
·         How to Serve as a Court Watcher
·         How to Bring Justice to Judges
·         Kenneth L. Smith’s saga against the criminals who pose as judges.
o   Cert Petition
o   Effort to Recuse Justices (not sent to Clem, but related to the effort)

Clem: 
I want to clarify, in writing, the substance of my comments to you today.  Read this patiently, all of it, if you want a realist picture.  And contact the names I give you for even better perspective.  Read the attached docs and distribute them as you please.
I got involved in what I call the Patriot movement (but which you seem to want to call the sovereign citizen movement) because of income tax in the year 2000.  I became an anti-government-crime, or if you prefer, a pro-government-integrity, activist in 2006 because of witnessing a judge stomp a litigant’s constitutional rights court.
Like others, I discovered crookedness in government and started looking for what I could do about it.  Thus, the sovereign citizen movement exists for only one reason:  Crime which criminals in government and big business commit.  Victims of that crime want other’s help in suppressing the crime and excisingthe criminals so that our governments will return to constitutionality. That seems like an uphill battle when a president like George W Bush makes a horrific statement about the Constitution like this:  “It’s just a goddamn piece of paper.”  He swore an oath to support and protect it against all foreign and domestic enemies.  Apparently he retracted that oath.
I started to take on the IRS by reading materials I bought from The Joy Foundation and Otto Skinner.  The IRS got courts to convict Joe Sweet and Jack Malone of the Joy Foundation for tax-related crimes.  They just started their prison terms a couple of months ago.  Apparently, Otto Skinner never popped up on their radar enough to suffer court action.  I refused to file a 1040 for some small money I earned.  The IRS took me to their school, figuratively., and I learned what happens to people who refuse. The IRS added penalties and took the money out of Social Security payments and out of my bank account.  I still don’t file because their idea of the law does not require me to.  They took the money they wanted and so they leave me alone. 
I consider them the equivalent of the “spawn of Satan” and the most iniquitous organize crime syndicate on earth, backed by the most powerful law firm on earth, the United States Department of Justice.  I won’t go into the details why I know the typical American owes no income tax.  I’ll just refer you to Tommy Cryer’s Memorandum of Law at http://truthattack.org and to step-by-step explanation of the issues at http://whatistaxed.com.  The point here:  the IRS collects the money ILLEGALLY, violating the laws and , particularly 26 USC 7214.  It has become virtually impossible to get the FBI and DOJ to hold the IRS accountable.  Therefore, most people who know this fact hate the IRS with good reason.  Many of them involve themselves in the Tea Party movement.
I found Chuck Conces (of Michigan) on the internet.  He had studied the tax code and got into a battle with the IRS. He encouraged people to avoid goofy arguments and stick to the hard core factual violations by the IRS.  I attended Lawman meetings in Tampa, which he encouraged.   I read in the Spring of 2006 that the court had enjoined him to take down the anti-IRS information from his site and stop selling his tax-buster information. 
I became an activist when I witnessed a state court judge stomp Jesse Toca’s rights on 29 May 2006.  It upset me so badly I wrote an article about it here:
The incident caused me to investigate loyalty oaths and the meaning of “Practice of Law” and “Unauthorized Practice of Law”. The resulting discoveries astounded me, particularly since I had never given much thought to either.
I decided to start studying and writing in earnest about my discoveries in the law,   On 1 May 2006, I created the Lawmen Google group (http://groups.google.com/group/lawmen) and started posting messages to it about my law studies.  The group now has 1500+ subscribers and I have posted over 4000 messages to it.  Many subscribers forward the messages to their mailing lists.  They seem generally to like what I write.  I have received letters of appreciation from subscribers.
I learned in my research of oaths that not a single elected official in Florida lawfully held office and that UPL statute 454.23 creates a legal services monopoly for bar members.  I obtained Jeb Bush’s public officer oaths for his two terms of office.  The first in 1998 he had signed in the Jurat, where the notary should sign.  In the second, 2002, it had no jurat at all.  I found many oaths for public officers without jurats.  I reasoned that Jeb Bush;s Secretary of State, Katherine Harris of hanging chad fame, had caused the division of elections head to remove the jurat from all election related documents.  That made most of them a violation of law, and it invalidated the public officers who had executed them. 
I scolded the Florida Chief Justice and State Department officials for the illegal behavior that resulted in state officers having no valid oath.  They changed things accordingly.  Read the story in my book Loyalty Oaths in Florida, attached (www.scribd.com/doc/6999274/Loyalty-Oaths-in-Florida).  They failed to change the behavior of the judicial nominating commissions.  Still, no appointment nominees swear the candidate’s oath required by Florida Statute 105.031.   
I decided to encourage people to become court watchers so they could learn first hand about crookedness in courts AND offer moral and legal support to friends facing court action.  So I wrote another small book on How to Serve as a Court Watcher, attached (http://www.scribd.com/doc/49446393/How-to-Serve-as-a-Court-Watcher).
Now, back to the idea and motives of the sovereign citizen movement.
Criminals in government have violated their loyalty oaths, engaged in criminal or ultra vires activities outside the scope of their authority, thereby establishing a criminal enterprise camouflaged as legitimate government WITHIN the actual legitimate government.  They abuse and injure the people, and warp the proper function of government “under color of law.”  That means they pretend to do legitimate functions while doing illegitimate functions, and they protect one another through a variety of immunities that the Constitution does not authorize.  They operate a criminal government within a legitimate government. And they get away with it UNLESS people take effective corrective action.
Essentially, government draws in criminals like flies to feces because government performs all its enforcement functions at gunpoint.  It polices highways and harbors with weaponry, and guns enforce all court rulings.
Eventually even the drowsiest citizen stultified by tastes of the American Dream will come to realize something went wrong.  And the news media will usually point to people outside government as the person in the wrong.  They media moguls seem to see iniquitous judges as “naughty,” not downright criminal. 
Much of this problem lies in the citizen’s general ignorance of the law.  Our schools do an abysmal job of educating children in the law and principles of good government.
It also lies in the fact that 75,000,000 people in the USA simply do not have the cognitive skill to realize what has happened and fight back against it .  They have IQs below 85, cannot graduate from high school, and resort to crime and welfare abuse to get by.  And organizations like Acorn rush them to the polls to vote for their crooked candidate of choice, a politician who will vote money out of others’ pockets and into the pockets of the poor and downtrodden.  Meanwhile electioneers rig voting mechanisms to defeat the will of the people, and billionaires finance the fair haired boy candidates so the stultified public knows only about them, and the political process becomes hopelessly corrupt.
Sovereign Citizens realize they cannot use the ordinary political process to fix this problem.  Martin Luther King Jr and Mahatma Ghandi expressed similar realizations through political marches that showed to government the threat of widespread physical force.  Usually, police arrived and killed or injured many of the marchers in retribution, further demonstrating the value of the marches for exposing crime in government.  You just witnessed similar behavior in Egypt, and now you see it in Libya.  And you have seen it in the arousal and rise of the Tea Party movement and its convocation in Washington, DC.
The sovereign citizen movement consists of people who recognize the unconstitutional evil and lawlessness of government operatives who violate their loyalty oaths willy nilly.  Sovereign citizens realize the futility of the political process.  They know from the Declaration of Independence and state Constitution that they have the inalienable, indefeasible right to change government, even by physical force if necessary.  See this from Article I of the Florida Constitution of 1838:

That the great and essential principles of liberty and free government may be recognized and established, we declare:  …
Section 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and, therefore, they have, at all times, an inalienable and indefeasible right to alter or abolish their form of government, in such manner as they may deem expedient.

The sovereign citizen movement includes people who realize that courts have only one function – to provide a mostly peaceable means of fair dispute resolution as an alternative to fistfights, gunbattles, and blood feuds that drag on for centuries.  Consider “Fair” the operative word.  When judges rig juries so they cannot hear relevant evidence, when government managers pay bribes to throw cases in favor of the government and against the citizen, when judges recalcitrantly refuse to give deserved relief and remedy, they thereby invite “their own assassination.”  So says Kenneth L. Smith, the Golden CO attorney who sued 8 federal judges criminally and lost.  I have attached his cert petition to the US Supremes for your review.
I openly advocate that people discuss summary excision of criminals from government, particularly if they have exhausted every possible traditional peaceable avenue in pursuit of relief and remedy.
No amount of judges’ rulings can dissuade an intelligent, educated person from concluding that he must resort to physical force to remove from government a criminal who keeps on abusing him, his family, his friends, and his neighbors.  People in the Tea Party try to do it peaceably because MOST of them do not stand face to face with government criminals.  Those who do directly face off and lose against government criminals have much more extreme feelings.  They begin to arm themselves, join militia groups, and talk of rebellion.  They hold the whole government accountable for the crookedness of a few powerful government employees.  And as you can tell from the lack of armed rebellion in the USA, they know what will happen to them if they start arming and organizing for a rebellion against the criminals in government.
I don’t associate with any such people, but I know of them and I morally support their cause.  I want criminals to leave government of their own accord.  And if they don’t, I support a political process to remove them.  And if they still don’t leave, I support ANY process to remove them.  So do the founding documents and other writings of our nation and the states.
That means this:  any law that tries to diminish or remove the above right cited from the Florida Constitution thereby spits in the face of the founders of this nation and violates the Constitution itself.  In the end, government has to do with the use of physical force to maintain power and control over a populace.  America had a great government because its constitution created a system of separation and balance of power, and an election process that gave suffrage to responsible, intelligent people.  Over the years that has changed, and as a consequence the government has become abusive to responsible people.  You see the abuse in widespread unjust court rulings, government conspiracy with leaders of the finance and banking industry to loot people and destroy their savings and the fruit of their labors, in law enforcers’ rampant disregard for the laws, and in the world’s highest per capita prison population.  Before the Civil War, America started on a slippery decline into the hellhole of third world status as powerful international banking families financed the most devastating war in all of America’s history to date, and the theft of the US economy through the Federal Reserve System, destruction of currency values, and utterly crooked fractional reserve lending devised by master financial criminal John Law.    Now Europeans who used to flock here a hundred years ago avoid coming here to live because they like Europe’s governments and living conditions better.
Political means “relating to the conduct of government.”  In the end EVERY action, including actual and threatened physical force, to remove criminals from government and restore constitutionality to government constitutes a POLITICAL action. 
I encourage people to learn the principles of good government, learn the law, and become disposed to using it.  I want people to take personal responsibility for restoring good government to the several states and the nation, and to stop at nothing in the doing of it.
Many kinds of groups of people function as restorers of good government, some (like me) enlightened, some misguided, and some delusional.
I consider these enlightened:
For cleaning up IRS crimes:
·         Shreveport LA attorney Tom Cryer (cryerlaw@aol.com) started Truth Attack (http://truthattack.org) and has the avid support of Larry Becraft (Becraft@hiwaay.net) http://hiwaay.net/~becraft.

·         Bob Schulz (bob@givemeliberty.org) http://givemeliberty.org of We The People Foundation.  He claims that government owes obligations for the power to tax, and he lost the appeal demanding that government listen to and answer petitions for redress of grievances.

Fully informed Jury Association (http://fija.org.) demands that judges inform juries of their power to decide law as well as fact.
Jill Jones-Solderman, Psychologist , 845-353-6111, jill@theopenmind.us
·         http://Theopenoffice.us – Tells about Jill’s legal disputes
·         http://fraudforensics.org – fights transfer of children from abusive to non-abusive parent
·         Monty Weinstein http://FamilyUnity.com supports Jills efforts

Nancy Grant supplied a motion for emergency release for violation of speedy trial rights to prisoners in DeSoto County jail and the 12th circuit convicted her of 19 counts of unauthorized practice of law.  See her story attached (http://libertysentinel.org/article.php?id=ConvictedGrandma).
Constitutional scholar Jon Roland operates http://constitution.org, gives lectures, and encourages establishment of militias.  His web site contains a massive amount of information in one place that you cannot find similarly on government web sites.  He even has a complete set of the Statutes at Large which Larry Becraft scanned and OCRed, an enormously time-consuming undertaking for any attorney, and a labor of love.
I also include here citizens who complain that the country has no real money in circulation, that it violates Article I Section 10 by failing to have gold and silver coin in circulation so the states and their people can use it for payment of debts.  These citizens loathe the Federal Reserve System and private ownership of Federal Reserve Banks.  Of course all sensible citizens loathe the government supported conspiratorial confluence of shenanigans politics, laws, and banking that collapsed real estate values and put people out of work while creating enormous inflation (look at gold and silver and oil prices).  Even the claim that the US went bankrupt in 1933 has merit because of the nation’s fiscal insolvency.  Talk to Rich Cantwell, Dr. Lowell Becraft, Dr Edwin Vieira, and journalist Devvy Kidd for corroboration, history, and details.
I include Adverse Possession practitioners in this group, particularly men like Joel McNair who seek to help the homeless families  by getting them into an abandoned foreclosure houses. He uses the law in a benign way to do good.
In fact hundreds of organizations like this, including the NRA, ACLU, NAACP, and so on whose members want government to respect their rights. 
In the misguided category I put Tim Turner, Sam Kennedy, and similar folks.  They charge money for seminars to teach experimental legal theories that don’t work.  They started The Restore America Plan (see http://nesara.org) which broke apart because of their bad leadership. Tim Turner has now started a new Republic of America group equally delusional, not because of evil ambitions, but because a plan so flawed that it will fail.
I also include the sovereignty movement in this category – people who want to get rid of driver licenses, license plates, and claim they have the right to travel without government interference – you know, they see themselves as “sovereigns.”  This includes people who copyright their fictional upper case name, file UCC forms to register their fictional upper case named person as the debtor to their real person so as to become judgment proof.  I include here people who claim “everything is commerce” or “all courts are admiralty courts.” 
In the delusional category, I include 1099 OID filings in association with fraudulent discharge of debt, payment of debt with bonded promissory notes or international bills of exchange, filing commercial or maritime liens on adversaries without the backing of contract or court judgment, common law courts, common law grand juries, and related things.  I put Roger Elvick, Jean Keating, Tim Turner, and others like them in this category.
Much of what these misguided and delusional folks claim does have theoretical legal merit.  In other words, it might work, depending on how one reads the law.  For a time it will befuddle judges who have never dealt with it before.  The courts will squash them in time and convict the hapless, feckless dupes who fell for the techniques propounded.  I call all of these folks Patriot Myths and their purveyors Patriot Myth Mongers because they will typically earn the enmity of judges and land the user in prison.  It makes no sense to believe a myth.  And because of the tendency to believe myths, these folks constitute  fertile ground for con artists who prey on those wanting something for nothing, thinking they can get it.
This brings me to the dividing line of whom I really want to help.  I don’t want to help murderers, rapists, street thugs, and drunks who kill people on highways.  I don’t want to help thieves and con artists.  I recognize that many people can take advantage of the patriot movement to hide their criminal intentions and actions.  I don’t want to help those people.
At the same time, I know that everybody feels pressures to survive well, and that can lead them to do things they consider unethical, but necessary.  There lies one problem of having a nation with 75 million stupid people who cannot compete for the better jobs and mates without getting in bad trouble because they break society’s rules and make other bad choices. 
Another problem comes from bad education of the people, even those above 85 IQ.  People who don’t understand or care about the principles of good government have the same voting rights as the smart and well educated.  And America imports hundreds or thousands more low IQ people through its southern border every day. 
Low IQ, ignorance of principles of law and good government, and general ignorance have a measurable impact on the Gross Domestic Product and upon elections.  ACORN or groups like it rush low IQ people to the polls to vote for the candidate of Acorn’s choice, a form of ballot box stuffing.  Like Stalin said “It’s not who votes that counts, but who counts the votes” (I paraphrased). Furthermore, low IQ people make notoriously WRONG choices, including at the polls.  The word stupid applies to them perfectly.  “Stupid is as stupid does,: as Momma Gump said. 
How can America solve this?  Try some of these, and note that a HUGE story with a lot of history exists in every one of these items:
1.           Restore eugenics laws to discourage procreation of the inferior and defective and encourage procreation of the bright and superior. 
2.           Excise the bar organizations from government and turn regulation and licensing of bar members over to the Executive Branch. 
3.           Put teeth into the loyalty oath laws, penalizing violations and failure to swear oaths. 
4.           Eliminate all forms of soverign immunity, especially judicial immunity.  
5.           Set up special grand juries and courts to prosecute criminals in government. 
6.           Set up bonding for all government employees, with a fee determined by their potential to do damage and let them pay the fee out of their salary, and let people file claims against it for injuries.
7.           Eliminate the income tax.  Deficit spending obsoleted income tax. 
8.           Eliminate deficit spending.
9.           Require Congress to cite the provision in the Constitution that authorizes every act
10.        Eliminate “riders” on bills, and make all bills serve a single purpose.
11.        Require election and appointment candidates to prove all credential requirements for the office sought.
12.        Make all schools teach law courses on civil procedure and rules of evidence
13.        Require all governments to publish all case documents and court decisions on the internet to end the Westlaw and LexisNexis monopoly on case law
14.        Eliminate filing fees and transcript fees for lawsuits
15.        Require reports on judicial performance by citizen volunteer courtwatchers.
16.        Eliminate judges’ power to prevent audio and video recording of proceedings, and make all court recordings freely available on the internet.
17.        Establish a VAT like Europeans did. 
18.        Shut off immigration to people with IQ lower than needed to graduate from college (110).  
19.        Eliminate anchor baby citizenship. 
20.        See my article “Dealing with Sovereign Immunity,” attached (http://www.scribd.com/doc/27149518/Dealing-With-Sovereign-Immunity).
21.        See my article “How to Bring Justice to Judges,” attached (http://www.scribd.com/doc/23344572/How-to-Bring-Justice-to-Judges)
22.        Scale the voting so the irresponsible get a tenth of a vote, the moderately responsible get a vote, and the super responsible get 10 votes (we should ask Andy Rooney to devise an ideal solution before he croaks - I want to see his chalkboard work on this one).

Don’t think people in the Patriot movement have it easy.  Patriotism against crooks in government becomes very dangerous.  Dig around for Marcel Roy Bendshadler, now in prison (www.bop.gov).  His DOJ public defender exclaimed at his conviction in court that she suspected jury tampering (or something to that effect) and she would get to the bottom of it.  She KNEW Marcel was innocent and no evidence proved his guilt.  That night someone murdered her in her pajamas by strangling her from behind.  MANY people convicted of patriot crimes die in prison.  The system just murdered Dick Simkanin.
The DOJ has something like a 97% conviction rate in Income Tax-related cases.  They cannot do this without suborning the judge and jury.  And guess what, laws allow payment of bribes for that purpose.  See attached “The Best Judges that Money Can Bribe (Cash Awards)” (http://www.scribd.com/doc/26389312/The-Best-Judges-That-Money-Can-Bribe-Cash-Awards).
IRS CID agents broke into the house of Lindsey Springer (www.bop.gov) and stole $12,000 from him, then returned only $10,000 later when he pressed them. He has not received the other $2000 in years.
Two gangland Sheriff Deputies showed up at my door one day to inquire about me during my loyalty oath investigations.  Imagine what they could have done while at my home to punish me if they had wanted to.  They saw me as benign and uninteresting, I suppose, because nothing bad happened.  But they have me on their radar.  I consider that a hazard to my health.
I now give you a parting shot about the law.  Chapter 2 of the Florida Statute reads:]
2.01  Common law and certain statutes declared in force. 
The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.
History.— s. 1, Nov. 6, 1829; RS 59; GS 59; RGS 71; CGL 87.

Note the date. This constitutes the Florida Legislature’s first substantive law.  Now, will you please tell me what English law remains in force in Florida?  I have not found anyone who knows.  When the law becomes unknowable, if government nails it to the top of a 50-foot post in the center of town, how can the people obey it?  And, what action shall the people take to make government publish the law so all can know it?  If you search for the laws of Congress in the Statutes at Large on the National Archives web site you will find it very difficult.  Try doing the same at http://constitution.org.
Call me if you find the English Law of Florida.

Bob Hurt signature

*****

And to finish this commentary, I submit my comments to ABC’s Dan Lieberman before I viewed the subject Nightline story:

What Does “Sovereign Citizen” Mean?


Some self-appointed gurus claim the term “sovereign citizen” constitutes an oxymoron (Conjoining contradictory terms).  Actually, it does not. 
“Citizen” means “a member of a political community.”  The term “sovereign citizen” means "A citizen from whom government sovereignty flows."
The term implies that the sovereign citizen yields a degree of his sovereignty to government in order to idealize the balance of liberty with responsibility.  So it means “I am responsibile for proper use of my sovereignty which I have yielded to government, and I can and shall take it back from government employees who abuse it.”
Ralph W. wrote
“A citizen is a man or woman that has granted a limited delegation of power by and though posited in an organic constitution and to access that constitution and bill of rights he/she is a "citizen of Florida" and not a sovereign citizen”.
I responded
“I have written the precise meaning.  Take it or leave it.  The implication of the term “sovereign citizen” boils down to TAKING RESPONSIBILITY for abuses of government, not merely operating like one of the sheep citizens submitting to government abuse.  It also implies intelligent, informed courage and not merely a "damn the torpedoes, FULL SPEED AHEAD" mentality.  In the typical implicit meaning, a citizen functions like a subject who may or may not express voice in government, but a Sovereign Citizen expresses that voice through the political process including the polls and any other action needed to make government employees comply with their loyalty oaths and respect the limits on government authority.  A HUGE difference exists between the sheep citizen and the sovereign citizen.”
Government employees must adhere to the strict limits of the constitutions, AND they must enforce the constitutions’ guarantee of the expressed and unexpressed rights of the people.  If they don’t , then they do not obey their oaths to “support the constitution.”  And if they violate those oaths, they become or should become “dog meat” and the citizenry ought to
1.   Stop the abuse, then
2.   Remove the abuser from government by any expedient means.

Our nation’s and state’s founders said it best:
·         In the Declaration of Independence of 4 July 1776, paragraph 2:

“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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

·         and in the Florida Constitution of 1838 Article I Section 2:

That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and, therefore, they have, at all times, an inalienable and indefeasible right to alter or abolish their form of government, in such manner as they may deem expedient. 

See our discussion trail below.
Naturally, discussions like this lead us to the question “What if those in government disagree with your method and take up arms against you?” 
We see that government disagreement every day in the streets of America, some legitimate and some not.  
·         Many people commit crimes and the police/sheriffs/FBI, etc., arrest them. 
·         But many become victims of arrest, beatings, and incarceration simply for exercising their rights. 
·         Many litigants become victims of prosecutorial abuse or judicial abuse, and suffer terrible, lasting damage as a consequence. 
·         Legislatures and Congress have enacted many unconstitutional laws. 
·         Executive branch agents have engaged in public policy pogroms to abuse whole classes of people.  Prior to 1960 many states deprived Black people of their voting rights through abusive poll taxes. 
·         Today, Americans tolerate all kinds of balloting abuse so that their votes don’t count, don’t matter, and have no effect on elections.

What happens?  Well, criminals get punished who deserve it.  And many innocents get abused because they did not effectively stand up for their rights or excise the crime and criminals from government before it became so entrenched and widespread as to resist any excision effort.
That means all the victims of abuse could take lessons from the millions whom the abusers never singled out for abuse.  It also means that those who avoided the abuse ought to “live their religion” and help their fellows.  It takes political and legal activism by a lot of intelligent, informed people to stop the abuse by rogues in government.
Guess what?  It is what it is.  Abuse exists regardless of who should prevent it or why it happens.  And you either hunker down and suffer it like a citizen, or you stand up and do something to stop it like a sovereign citizen.
It’s just a choice.  One carries little personal risk, and the other exposes one to monumental personal risk.
The news media will try to paint as criminals those who stand up and do something effective to stop abuse and crimes by government employees.  I encourage people to stand up and take effective administrative, legal, and political action, and to develop the tools and physical power to make their voices heard and heeded by government employees, so as to excise the abuse and the abuser from government.  THAT kind of person is a “sovereign citizen.”
Bob Hurt
Contact: Email  bh   f       t 
Blogs: 
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***

Skype thread


[2:18:09 PM] Bob Hurt: Look at this OpEdNews array of videos of Bob Hurt and Tampa Bay area people promoting honesty in government.
See the ABC World News with Diane Sawyer and ABC News Nightline tonight (Thursday, 8 March 2012) about Sovereign Citizens.  You might see me in their video.  Then you compare what you see on ABC with the videos at the above link.  You can determine for yourself whether ABC presented the story accurately.
[2:25:38 PM] Ralph Kermit Winterrowd 2nd: Really busy right now but "sovereign citizen" is a oximoron combination of words.  Will check later.
[3:57:52 PM] Bob Hurt: Actually, it is not an oxymoron.  It means "A citizen from whom sovereignty flows." It implies that the citizen yields a degree of his sovereignty to government in order to idealize the balance of liberty with responsibility.  So it means I am responsibility for proper use of my sovereignty which I have yielded to government, and I can take it back from government employees who abuse it.
[3:59:49 PM] Ralph Kermit Winterrowd 2nd:  A citizen is a man or woman that has granted a limited delegation of power by and though posited in an organic constitution and to access that constitution and bill of rights he/she is a "citizen of Florida" and not a sovereign citizen.
[4:11:43 PM | Edited 4:11:59 PM] Bob Hurt: Ralph, I have written the precise meaning.  Take it or leave it.  The implication of the term sovereign citizen boils down to TAKING RESPONSIBILITY for aubses of government, not merely operating like one of the sheep submitting to government abuse.  It also implies intelligent, informed courage and not merely a "damn the torpedoes, FULL SPEED AHEAD" mentality.  In the typical implicit meaning, a citizen is a subject who may or may not express voice in govenrment, but a Sovereign Citizen expresses that voice through the political process including the polls and any other action needed to make government employees comply with their loyalty oaths.  A HUGE difference exists between the sheep citizen and the sovereign citizen.
[4:15:06 PM] Ralph Kermit Winterrowd 2nd: I reject ipse dixit pontifications - so there we are.  Proceed as you want as I find no definitions in support of "sovereign citizen"
[4:17:06 PM] Bob Hurt: You propound such pontifications when you blithely assert sovereign citizen is an oxymoron.
[4:18:25 PM] Bob Hurt: It is a term of art to distinguish the activist citizen who holds government accountble, even to the point of using physical force if necessary, from one of the sheep citizens who barely even votes.
[4:20:29 PM] Ralph Kermit Winterrowd 2nd: There citizens of Florida, citizens of the several States, citizens of the United States of America and American citizens. - all good and have a meaning.  There are citizens of the United States that want the same rights as white citizens, etc. as defined in 42 USC §§§ 1981, 1982, 1988 and 14 Stat. 27 and R.S. 1878 Title XXIV.
[4:50:38 PM] Bob Hurt: You have written the facts, Ralph.  But tonight ABC will do segments on Sovereign Citizens, so get with the program and understand the language.  They want to make Sovereign Citizens look like wackos, and some probably are, but I am not, and I don't consider myself part of a rebellious group, even though I fully endorse "Whoever's closest to the snake, grab a stick and hit it."  THAT's what "sovereign citizen" is all about.  Unfortunately, yoiu can always whack the wrong snake, not all have fangs, etc.
[4:52:02 PM] Bob Hurt: And there's the danger.  We need judges to sort out the bullshitter snake oil salesmen from the honest businessman.  We cannot do their job without all the facts.  There's the danger for sovereign citizens.  Government will target and exterminate them after the press does its job of making them look like idiots.  That's why I try to become the voice of reason to them.  LOOK AT THE VIDEOS, and SEE THE SHOW TONIGHT.

***
WARNING:  I do NOT function as  law practitioner, lawyer, licensed attorney-at-law, or legal advisor.  Construe my comments ONLY as speculation or general information, and NOT as legal advice for you or anyone else.  Consult a well-qualified attorney (good luck finding one) in all questions of legality or law.
Bob Hurt
Contact: Email  bh   f       t 
Blogs: 
1 2 3 
Law: 
E-letter Subscribe Donate Learn
2460 Persian Drive #70,  Clearwater,  Florida 33763  •
727 669 5511


***

Tuesday, February 07, 2012

English Law of Texas; eviction of $16 Texas House Squatter - adverse possession

Associated Press writer Norman Merchant just labored through a fog of confusion.  You can see the fog in his article at the below link.

Merchant wrote about Kenneth Robinson’s dilemma.  Robinson recently took a Dallas-area house by adverse possession.  The court just evicted Robinson because the equitable owner lost the house in foreclosure, and so the court ordered Robinson out so the trustee could sell the house at foreclosure auction to pay down the debt to the lender.

Merchant tried to explain adverse possession from the viewpoint of others who had little clue about it.  Merchant poorly evaluated the issue, leaving readers confused.  His article leaves the impression that adverse possession is something bad, and taking adverse possession of foreclosure-abandoned realty amounts to nothing more than squatting.  Look at the title of his article.

Merchant failed to refer to any of the following, which might have clarified the issues for readers:

1.       the adverse possession law in Texas Civil Practices & Remedies Code Sec.16.021 et seq. (“CPRC”);
2.      an authoritative article on the subject, like the one at http://www.lonestarlandlaw.com/Adverse.html;
3.      the English Law of Texas, from which adverse possession rights and duties hail.

In point of fact, the government must enforce the rights of adverse possessors (taking possession of someone else’s property) against everyone but the rightful owner who should exercise possessory dominion.  Throughout the USA, people who borrow money to buy a house sign a note and mortgage as unilateral adhesion contracts.  The mortgage CONVEYS the estate (realty) to the lender, or other mortgagee like MERS.  Black’s Law Dictionary 8th Edition, page 3198, defines Mortgage as follows:

mortgage (mor-gij), n. 1. A conveyance of title to property that is given as security for the payment of a debt or the performance of a duty and that will become void upon payment or performance according to the stipulated terms. — Also termed (archaically) dead pledge. [Cases: Mortgages 1. C.J.S. Mortgages §§ 2–6.] 2. A lien against property that is granted to secure an obligation (such as a debt) and that is extinguished upon payment or performance according to stipulated terms. [Cases: Mortgages 145.C.J.S. Mortgages §§ 198, 200.] 3. An instrument (such as a deed or contract) specifying the terms of such a transaction. 4. Loosely, the loan on which such a transaction is based. 5. The mortgagee's rights conferred by such a transaction. 6. Loosely, any real-property security transaction, including a deed of trust. — Abbr. M. — mortgage,vb., the estate (the realty)

In the mortgage situation, the lender or nominee becomes mortgagee with right to force a foreclosure sale of the realty to raise money to discharge the associated.  The borrower becomes an “equitable” owner with possessory right, but also obligations to maintain and safeguard the property from disintegration of value.  In the foreclosure, the owner/borrower loses equitable title to the realty under action of the trustee in a deed of trust (non-judicial foreclosure state like Texas) or of the court in a judicial foreclosure state like Florida.

So,  the mortgagee cannot take possession or invade the properly maintained realty, in spite of having legal title because the borrower/owner of record has equitable or beneficial title.  Therefore, the lender/mortgagee or its agents like the servicer have no right to dispossess the adverse possessor without a court order, and the court will not give it till after the foreclosure.  Generally, the court will issue a writ of possession, and if necessary a writ of unlawful detainer or ejectment to empower the sheriff to remove the owner or adverse possessor from the realty.  The court did that in the case of Kenneth Robinson.  Black’s Law dictionary defines owners as follows:

owner.  One who has the right to possess, use, and convey something; a person in whom one or more interests are vested. • An owner may have complete property in the thing or may have parted with some interests in it (as by granting an easement or making a lease).

beneficial owner. 1. One recognized in equity as the owner of something because use and title belong to that person, even though legal title may belong to someone else; esp., one for whom property is held in trust. — Also termed equitable owner. [Cases: Trusts 139. C.J.S. Trover and Conversion § 251.] 2. A corporate shareholder who has the power to buy or sell the shares, but who is not registered on the corporation's books as the owner. [Cases: Corporations 135. C.J.S. Corporations § 282.] 3.Intellectual property. A person or entity who is entitled to enjoy the rights in a patent, trademark, or copyright even though legal title is vested in someone else. • The beneficial owner has standing to sue for infringement. A corporation is typically a beneficial owner if it has a contractual right to the assignment of the patent but the employee who owns the patent has failed to assign it. Similarly, a patent or copyright owner who has transferred title as collateral to secure a loan would be a beneficial owner entitled to sue for infringement.

equitable owner.  See beneficial owner (1).

legal owner.  One recognized by law as the owner of something; esp., one who holds legal title to property for the benefit of another. See TRUSTEE(1). [Cases: Trusts 133. C.J.S. Trover and Conversion §§ 245–246.]


Shortly after Texas began its life as a state, it adopted the English Common Law as its basic law.


An act to adopt the common law of England, to repeal certain Mexican laws, and to regulate the marital rights of parties.

SEC. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That the common law of England (so far as it is not inconsistent with the constitution or the acts of Congress now in force) shall, together with such acts be the rule of decision in this republic, and shall continue in full force until altered or repealed by congress.

"Untitled," Telegraph and Texas Register, April 8, 1840

Laws related to adverse possession in Texas have an English law heritage stretching back 600 years.  No news reporter, county clerk, or cop, and few if any lawyers or judges in Texas have replete familiarity with those laws.  Therefore, they can  opine with authority that adverse possession was never intended for use as a method to acquire realty which the owner abandoned in fear of the travail of foreclosure.
Adverse Possession of homes abandoned in foreclosure provides many benefits.  You can read some of them here:


These benefits help the lender, borrower, mortgagee, mortgagor, sheriff, police, courts, tax collectors, community, and the realty.  Therefore, it makes good sense for people who will care for a home to take adverse possession of it.

Of course they run the risk of the court or owner forcing them to move.  If the owner asks the Sheriff to do so, the Sheriff will issue a trespass warning, and the adverse possessor must move UNLESS the statute of limitations has expired.  In Texas that means the adverse possessor might have to possess the realty for 10 years.

I consider that a trivial issue because most people adversely possessing foreclosure abandoned realty know they will lose it within months to a few years and they will have to move.  SO what?  They can simply move to another abandoned house.

Yes, adverse possessors ought to keep a record of the condition of the realty and any improvements or repairs made, and possibly file a lien so they can recover the expenditures if the owner moves them out.  And adverse possessors ought to become good neighbors.  Doesn’t that go without saying for anybody taking possession of any property?

Norman Merchant did not address these issues when reporting the ouster of Kenneth Robinson from that Dallas-area house.  I imagine Kenneth will take possession of another abandoned house.  Why shouldn’t he?


***
WARNING:  I do NOT function as  law practitioner, lawyer, licensed attorney-at-law, or legal advisor.  Construe my comments ONLY as speculation or general information, and NOT as legal advice for you or anyone else.  Consult a well-qualified attorney (good luck finding one) in all questions of legality or law.

Bob Hurt
Contact: Email  bh   f       t 
Blogs: 
1 2 3 
Law: 
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2460 Persian Drive #70,  Clearwater,  Florida 33763  • 
727 669 5511

***



The Texas Constitution also contemplated wholesale adoption of the common law.  “Coongress,” it said, “shall, as early as practicable, introduce, by statute, the common law of England, with such modifications a our circumstances in their judgment may require

Texas law regarding adverse possession

Texas Civil Practice & Remedies Code


CIVIL PRACTICE AND REMEDIES CODE
 
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
 
SUBTITLE B. TRIAL MATTERS
 
CHAPTER 16. LIMITATIONS
 

SUBCHAPTER B. LIMITATIONS OF REAL PROPERTY ACTIONS
 
Sec. 16.021.  DEFINITIONS.  In this subchapter:
(1)  "Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.
(2)  "Color of title" means a consecutive chain of transfers to the person in possession that:
(A)  is not regular because of a muniment that is not properly recorded or is only in writing or because of a similar defect that does not want of intrinsic fairness or honesty;  or
(B)  is based on a certificate of headright, land warrant, or land scrip.
(3)  "Peaceable possession" means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property.
(4)  "Title" means a regular chain of transfers of real property from or under the sovereignty of the soil.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.022.  EFFECT OF DISABILITY.  (a)  For the purposes of this subchapter, a person is under a legal disability if the person is:
(1)  younger than 18 years of age, regardless of whether the person is married;
(2)  of unsound mind;  or
(3)  serving in the United States Armed Forces during time of war.
(b)  If a person entitled to sue for the recovery of real property or entitled to make a defense based on the title to real property is under a legal disability at the time title to the property vests or adverse possession commences, the time of the disability is not included in a limitations period.
(c)  Except as provided by Sections 16.027 and 16.028, after the termination of the legal disability, a person has the same time to present a claim that is allowed to others under this chapter.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 57, eff. Sept. 1, 1987.
 
 
Sec. 16.023.  TACKING OF SUCCESSIVE INTERESTS.  To satisfy a limitations period, peaceable and adverse possession does not need to continue in the same person, but there must be privity of estate between each holder and his successor.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.024.  ADVERSE POSSESSION:  THREE-YEAR LIMITATIONS PERIOD.  A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.025.  ADVERSE POSSESSION:  FIVE-YEAR LIMITATIONS PERIOD.  (a)  A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:
(1)  cultivates, uses, or enjoys the property;
(2)  pays applicable taxes on the property;  and
(3)  claims the property under a duly registered deed.
(b)  This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.026.  ADVERSE POSSESSION:  10-YEAR LIMITATIONS PERIOD.  (a)  A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
(b)  Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160.  If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
(c)  Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor's claim extends to the boundaries specified in the instrument.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1, 1989.
 
 
Sec. 16.027.  ADVERSE POSSESSION:  25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY.  A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.028.  ADVERSE POSSESSION WITH RECORDED INSTRUMENT:  25-YEAR LIMITATIONS PERIOD.  (a)  A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of real property held for 25 years before the commencement of the action in peaceable and adverse possession by another who holds the property in good faith and under a deed or other instrument purporting to convey the property that is recorded in the deed records of the county where any part of the real property is located.
(b)  Adverse possession of any part of the real property held under a recorded deed or other recorded instrument that purports to convey the property extends to and includes all of the property described in the instrument, even though the instrument is void on its face or in fact.
(c)  A person who holds real property and claims title under this section has a good and marketable title to the property regardless of a disability arising at any time in the adverse claimant or a person claiming under the adverse claimant.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.029.  EVIDENCE OF TITLE TO LAND BY LIMITATIONS.  (a)  In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to the property has passed from the person holding apparent record title to an opposing party if it is shown that:
(1)  for one or more years during the 25 years preceding the filing of the suit the person holding apparent record title to the property did not exercise dominion over or pay taxes on the property;  and
(2)  during that period the opposing parties and those whose estate they own have openly exercised dominion over and have asserted a claim to the land and have paid taxes on it annually before becoming delinquent for as long as 25 years.
(b)  This section does not affect a statute of limitations, a right to prove title by circumstantial evidence under the case law of this state, or a suit between a trustee and a beneficiary of the trust.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.030.  TITLE THROUGH ADVERSE POSSESSION.  (a)  If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse possession has full title, precluding all claims.
(b)  A person may not acquire through adverse possession any right or title to real property dedicated to public use.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.031.  ENCLOSED LAND.  (a)  A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is not considered enclosed by a fence that encloses any part of the surrounding land.
(b)  Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless:
(1)  the interior tract is separated from the surrounding land by a fence;  or
(2)  at least one-tenth of the interior tract is cultivated and used for agricultural purposes or is used for manufacturing purposes.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.032.  ADJACENT LAND.  Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless:
(1)  the land is separated from the adjacent enclosed tract by a substantial fence;
(2)  at least one-tenth of the land is cultivated and used for agricultural purposes or used for manufacturing purposes;  or
(3)  there is actual possession of the land.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
 
 
Sec. 16.033.  TECHNICAL DEFECTS IN INSTRUMENT.  (a)  A person with a right of action for the recovery of real property or an interest in real property conveyed by an instrument with one of the following defects must bring suit not later than two years after the day the instrument was filed for record with the county clerk of the county where the real property is located:
(1)  lack of the signature of a proper corporate officer, partner, or company officer, manager, or member;
(2)  lack of a corporate seal;
(3)  failure of the record to show the corporate seal used;
(4)  failure of the record to show authority of the board of directors or stockholders of a corporation, partners of a partnership, or officers, managers, or members of a company;
(5)  execution and delivery of the instrument by a corporation, partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;
(6)  acknowledgment of the instrument in an individual, rather than a representative or official, capacity;
(7)  execution of the instrument by a trustee without record of the authority of the trustee or proof of the facts recited in the instrument;
(8)  failure of the record or instrument to show an acknowledgment or jurat that complies with applicable law; or
(9)  wording of the stated consideration that may or might create an implied lien in favor of the grantor.
(b)  This section does not apply to a forged instrument.
(c)  For the purposes of this section, an instrument affecting real property containing a ministerial defect, omission, or informality in the certificate of acknowledgment that has been filed for record for longer than two years in the office of the county recorder of the county in which the property is located is considered to have been lawfully recorded and to be notice of the existence of the instrument on and after the date the instrument is filed.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 291, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 819, Sec. 1, eff. June 15, 2007.
 
 
Sec. 16.034.  ATTORNEY'S FEES.  (a)  In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the property from a person unlawfully in actual possession, the court:
(1)  shall award costs and reasonable attorney's fees to the prevailing party if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith; and
(2)  may award costs and reasonable attorney's fees to the prevailing party in the absence of a finding described by Subdivision (1).
(b)  To recover attorney's fees, the person seeking possession must give the person unlawfully in possession a written demand for that person to vacate the premises.  The demand must be given by registered or certified mail at least 10 days before filing the claim for recovery of possession.
(c)  The demand must state that if the person unlawfully in possession does not vacate the premises within 10 days and a claim is filed by the person seeking possession, the court may enter a judgment against the person unlawfully in possession for costs and attorney's fees in an amount determined by the court to be reasonable.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 901, Sec. 1, eff. September 1, 2009.
 
 
Sec. 16.035.  LIEN ON REAL PROPERTY.  (a)  A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues.
(b)  A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.
(c)  The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by:
(1)  Section 16.062, providing for suspension in the event of death;  or
(2)  Section 16.036, providing for recorded extensions of real property liens.
(d)  On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.
(e)  If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment.
(f)  The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.
(g)  In this section, "real property lien" means:
(1)  a superior title retained by a vendor in a deed of conveyance or a purchase money note;  or
(2)  a vendor's lien, a mortgage, a deed of trust, a voluntary mechanic's lien, or a voluntary materialman's lien on real estate, securing a note or other written obligation.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23, 1997.
 
 
Sec. 16.036.  EXTENSION OF REAL PROPERTY LIEN.  (a)  The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section 16.035, may suspend the running of the four-year limitations period for real property liens through a written extension agreement as provided by this section.
(b)  The limitations period is suspended and the lien remains in effect for four years after the extended maturity date of the debt or obligation if the extension agreement is:
(1)  signed and acknowledged as provided by law for a deed conveying real property;  and
(2)  filed for record in the county clerk's office of the county where the real property is located.
(c)  The parties may continue to extend the lien by entering, acknowledging, and recording additional extension agreements.
(d)  The maturity date stated in the original instrument or in the date of the recorded renewal and extension is conclusive evidence of the maturity date of the debt or obligation.
(e)  The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 2, eff. May 23, 1997.
 
 
Sec. 16.037.  EFFECT OF EXTENSION OF REAL PROPERTY LIEN ON THIRD PARTIES.  An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by a real property lien without actual notice of the agreement and before the agreement is acknowledged, filed, and recorded.
 
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 219, Sec. 3, eff. May 23, 1997.




The English Law of Texas
Compiled by Bob Hurt, 7 February 2012

Lawrence M. Friedman A History of American Law: Third Edition (2005), p. 115-116,
http://books.google.com/books?id=JndnEiydTiYC&lpg=PA115&ots=gvUWsPSmTe&dq=1840%20texas%20adopts%20common%20law%20of%20england&pg=PA117#v=onepage&q=1840%20texas%20adopts%20common%20law%20of%20england&f=false

… The Texas government later enacted a form of trial by jury, but not exactly in the American mold. [Edward L. Markham Jr., "The Reception of the Common Law of England in Texas and the Judicial Attitude Toward That Reception,  1840 -1859." 29 Texas L.  Rev. 904 ( 1951 ).".] The constitution of the republic of Texas (1836), in its declaration of rights, affirmed the right of an accused "to a speedy and public trial, by an impartial jury. ... And the right or trial by jury shall remain inviolate."
The Texas Constitution also contemplated wholesale adoption of the common law. "Congress," it said, "shall, as early as practicable, introduce, by statute, the common law of England, with such modifications as our circumstances, in their judgment, may require" (art. IV, sec. 13). But Texas never really ''received "English law in any literal or classical sense. Rather, the republic adopted a Texas subdialect of the American dialect of law. There was thoroughgoing acceptance of trial by jury, "that ever-to-be prized system of jurisprudence," as the supreme court of Texas called it in 1840. [Edward v. Peoples, Dallam 359, 360 (Tex., 1840).]  From the very start, however, court organization and procedure merged law and equity. The constitution of 1845 specifically gave to the district courts jurisdiction "of all suits ... without regard to any distinction between law and equity." [Art IV, Sec. 10 – Joseph W. McKnight]   In 1840, the civil law was formally abolished; but Texas never fell under the yoke of common-law pleading in all its rigor. Rather, Texas retained "as heretofore" the civil law system of "petition and answer." Procedure was, in short, a kind of hybrid system. Judges and lawyers, in the early years, seemed genuinely ambivalent about which orf the two rival had the edge. On the one hand, civil law was strange and unfamiliar to most lawyers. The law of 1840, since it kept some aspects of civil law pleading, put courts in the position (as one judge said) of searching for "principles and criteria in a language generally unknown to us." This brought about "constant perplexities," which annoyed and delayed the courts "at each step." [Whiting v. Turley, Dallam 453, 455 (Tex., 1842)]  Yet another Texas judge condemned common-law pleading as "Bold, crafty, and unscrupulous."[Long v. Anderson, 4 Tex 422, 424 (1849).]  Still, a third judge took a middle view:
The object of our statutes on the subject of pleading is to simplify as much as possible that branch of the proceedings in courts, which by the ingenuity and learning of both common and civil law lawyers and judges had become so refined in its subtleties as to substitute in many instances the shadow for the substance.
Hamiton v.  Black,  Dallam 586, 587  (Tex. .  1844).
In the long run, the common law was bound to win. The civil law tradition was too alien and inaccessible to survive. But the practice in Texas did undermine the idea that strict common law pleading was either natural or desirable. What resulted was a procedure that used common law terms and some common law attitudes, but in a more streamlined and rational way. Peripheral Texas was, in short, free to do what other states could do only by breaking with habit and tradition. But in Texas, divergences from the common law did not look like reform; they looked like civil law survivals. In a sense there were; what survived, however, survived because it suited the needs and wants of Texas jurists.
Chunks of civil law also remained imbedded in the substantive law of Texas as well. Texas recognizes the holographic will-an un-witnessed will in the dead person's handwriting. Texas has also kept the community property system; indeed, Texas gave the system constitutional recognition. [Texas Const., 1845, art. VII, sec. 19.] Texas shares these "survivals" with Louisiana, and with a number of states carved out of Mexican territory, notably California. That these institutions lived on, despite the terrific pressure for common law, indicates either that they were tightly sewn in to the social fabric, or that they fulfilled some unique social function. The holographic will, for example, invited ordinary people to make wills by themselves, without consulting lawyers. The community property system, too, may have suited the facts of family life better than common law rules of marital. In fact, the common law rules were themselves in process of change.
Louisiana was the only solid, durable enclave of civil law. Here America swallowed up a territory with a sizeable population, a population centered in New Orleans, that was used to civil law forms. But Louisiana itself was in a state of great confusion. Its brand of civil law was a far cry from the elegance and system we associate with the civil law in nineteenth century .Europe. At the time of the Louisiana Purchase, Louisiana law was an arcane, bewildering hodgepodge of French and Spanish law, a melange of codes, customs, and doc trines of various ages. The French had settled Louisiana. but rhe Spanish had governed it from 1766 to 1803. Louisiana law was as baffling as the common law at its worst. Its "babel" of legislation, according to Edward Livingston , was only equaled by the "Dissonances" of the Court of Pleas, “where American Shopkeepers, French planters and Spanish clerks sit on the same bench ," listening to "American Attorneys, French procureurs and Castillian Abogados," each speaking his own language. [Quoted in George Dargo, Jefferson’s Louisiana: Politics and the Clash of Legal Traditions (1975), p. 112.]



Texas State Historical Association
The Handbook of Texas Online
Excerpt from article on LAW.. paragraph 3
In 1836 the Republic of Texas adopted the Anglo-American common law of crimes with jury trial. Those rules were the basis of the Penal Code of 1856, and criminal law has since been governed by statutes along with the safeguards of the United States and Texas constitutions. The nonstatutory, civil common law of Texas has been developed since the republic adopted "the common law of England as the rule of decision" in 1840. "Common law" was understood to include such matters as obligations arising by agreement (contracts) and those arising by injury (torts), as well as claims to property (lands as well as chattels), the status of citizens (such as marriage, divorce, welfare of children, corporations, and partnerships), and that body of legal doctrine embraced within the English concept of equity. Many of those rules have been put in an authoritative form by act of the legislature, while others have not. If codification has occurred, the legislative rules are interpreted by the courts and amplified by judicial decisions. Principles of law that are not codified are found in judicial decisions and learned writings. Only decisions of appellate courts designated to be published are looked to as sources of common law, and only about 20 percent of appellate decisions are so designated by the appellate courts deciding them.



"Untitled," Telegraph and Texas Register, April 8, 1840
Summary: Printed the text of a new law passed by the Texas Congress. First, the law stated that English common law would henceforth reign in the territory and most of the laws passed before 1836 were now null and void. The rest of the law dealt with marriage rights. Interestingly, the new law gave women many rights to property both in and out of marriage, although husbands still had control of most of the property within marriage.


An act to adopt the common law of England, to repeal certain Mexican laws, and to regulate the marital rights of parties.
SEC. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That the common law of England (so far as it is not inconsistent with the constitution or the acts of Congress now in force) shall, together with such acts be the rule of decision in this republic, and shall continue in full force until altered or repealed by congress.
SEC. 2 Be it further enacted, That all laws in force in this republic, prior to the first of September, one thousand eight hundred and thirty six (except the laws of the consultation and provisional government, now in force, and except such laws as relate exclusively to grants and the colonization of lands in the state of Coahuila and Texas, and also such laws as relate to the reservation of islands and lands, and also of salt lakes, licks and salt springs, mines and minerals of every description, made by the general and state governments) be, and the same are hereby repealed.
SEC. 3. Be it further enacted, That neither the lands nor slaves which the wife may own, or to which she may have any right, title or claim at the time of her marriage, nor the lands nor slaves to which she may acquire, during the coverture, any right title or claim, by gift, devise or descent, nor the increase of such slaves in each case, nor the paraphernalia as defined at common law, which the wife may have at the time of the marriage, or which she may acquire during the coverture as aforesaid, shall, by virtue of the marriage, become the property of the husband, but shall remain the separate property of the wife; Provided, however, that during the continuance of the marriage, the husband shall have the sole management of such lands and slaves.
SEC. 4. Be it further enacted, That all property which the husband or wife may bring into the marriage, except land and slaves and the wife's paraphernalia, and all the property acquired during the marriage, except such land or slaves, or their increase as may be acquired by either party, by gift, devise or descent, and except also the wife's paraphernalia, acquired as aforesaid, and during the time aforesaid, shall be the common property of the husband and wife, and during the coverture may be sold or otherwise disposed of by the husband only; it shall be first liable for all the debts contracted by the husband during the marriage, and for debts contracted by the wife for necessaries during the same time; and upon the dissolution of the marriage, by death, after the payment of all such debts, the remainder of such common property shall go to the survivor, if the deceased have no descendant or descendants; but if the deceased have a descendant or descendants, the survivor shall have one half of such common property, and the other half shall pass to the descendant or decendants of the deceased.
SEC. 5 Be it further enacted, That parties intending to enter into the marriage state, may enter into what stipulations they please, provided they be not contrary to good morals, or to some rule of law, and in no case shall they enter into any agreement, or make any renunciation, the object of which would be to alter the legal orders of descent either with respect to themselves in what concerns the inheritance of their children or posterity which either may have by any other person, or in respect to their common children--nor shall they make any valid agreement to impair the legal rights of the husband over the person of the wife, or the persons of their common children.
SEC. 6. Be it further enacted, That every matrimonial agreement must be made by an act before a notary public and two witnesses; the minor capable of contracting matrimony, may give his or her consent to any agreement which this contract is susceptible of; provided, such agreement be made by the written consent of both parents, if both be living; if not, by that of the survivor; if both be dead, then by the written consent of the minor's guardian.
SEC 7. Be it further enacted, That no matrimonial agreement shall be altered after the celebration of the marriage.
SEC. 8. Be it further enacted, That when the wife, by a marriage contract, may reserve to herself any property or rights to property (whether such rights be in esse[sic] or expectancy) for such reservation to be valid as to the subsequent purchasers or creditors of her husband, the said contract must be acknowledged by her husband or proved by at least one witness, and recorded in the clerk's office of the county court of the aounty[sic] in which said married parties may reside.
SEC. 9 Be it further enacted, That the husband may sue either alone or jointly with his wife, for the recovery of any effects of the wife, and in case he fail or neglect so to do, she may, by the authority of the court, sue for such effects in her name.
SEC. 10. Be it further enacted, That should the husband refuse or fail to support his wife, from the proceeds of the lands or slaves she may have, or fail to educate her children as the fortune of the wife would justify, she may in either case complain to the county court, who, upon satisfactory proof shall decree, that so much of such proceeds shall be paid to the wife for the support of herself and for the nurture and education of her children, as the court may deem necessary.
SEC. 11. Be it further enacted, That if, during the coverture, a sale of any of the lands or slaves of the wife be illegally effected, no limitation shall commence to run during the coverture; and should the wife survive the dissolution of the marriage, she may sue for and recover such property; should the wife survive the dissolution, but not the time allowed by the law of limitations, then the running of such law shall cease till all the children of the deceased mother shall have arrived at the age of majority, or those under that age shall have married, and the heirs of the wife shall have the unexpired time allowed by the law of limitations, within which to institute their suit for the recovery of said property; and if the wife shall not survive the dissolution of the marriage, the law of limitations shall not commence running, as to the children of the deceased mother, until all the children shall have arrived at the age of majority, or those under that age shall have married.
SEC. 12. Be it further enacted, That all the effects which both the husband and wife reciprocally possess at the time the marriage may be dissolved, shall be regarded as common effects or gains, unless the contrary be satisfactorily proved.
SEC 13. Be it further enacted, That marriages that may be entered into in this republic after the passage of this law, shall be governed by the provisions of the same. The marital rights of persons married in other countries, who may remove here after the passage of this act, shall, in regard to property acquired in this republic during the marriage, be regulated by the provisions of the same. The marital rights of persons married here before the passage of this act, or of persons married in another country, who removed here before its passage, shall be regulated by the law as it aforetime was
DAVID S. KAUFMAN,
Speaker of the House of Representatives.
DAVID G. BURNET,
President of the Senate.
Approved 20th January, 1840,
MIRABEAU B LAMAR.


Source Copy Consulted: "Untitled," Telegraph and Texas Register, April 8, 1840, p. 1