HomeMy WebLinkAbout957598Requested and Prepared by:
Earl J. Cacho Susan Rae Cacho
When Recorded Mail To:
EARL J. CACHO SUSAN RAE CACHO
c/o P.O. Box 3813
Alpine, Wyoming [83128]
Space above this line for
KNOW ALL MEN BY THESE PRESENTS:
recorder's use
EXHIBIT A
RECEIVED 1/13/2011 at 11:08 AM
RECEIVING 957598
BOOK: 760 PAGE: 531
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000531
DECLARATION OF ASSIGNEE'S UPDATE OF LAND PATENT
Patent Number: 852536, BLM WYE 0004481
THAT EARL J. CACHO AND SUSAN RAE CACHO, DO SEVERALLY CERTIFY
AND DECLARE, THAT WE BRING UP THIS LAND PATENT IN OUR NAME.
(1) The Character Of Said Property So Sought To Be Patented, And Legally
Described And Referenced Under Patent Number Listed Above Is:
James H. Jordan, Township 37N SE 1/4 SE 1 .4 Ranges 118W, Section 18 of Sixth Principal
Meridian.
Portion Claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN
COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20, 1996
AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK.
Parcel ID Number: 12- 371848 -4-02 -010.00
Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128
(2) Notice of Pre- Emptive Ritht. Pursuant To The Declaration Of Independence 1776],
The Treaty Of Peace with Great Britain (8 stat. 80) known as the Treaty Of Paris 1793,
an Act Of Congress [3 Stat. 566, April 24, 1824], The Oregon Treaty [9 Stat. 869 June
15,1846], The Homestead Act [12 Stat. 392,1862] and 43 U.S.C. Sections 57, 59, and 83;
the recipient hereof is mandated by Art. W. Sections 1, 2, and 3; Art. IV. Sections I cl. 1,
2; Section 2 cl. 1 2; Section 4; the 4th, 7th, 9th, and 10th Amendments [U.S.
Constitution, 1781- 91(j)] to acknowledge Assignee's update of Patent prosecuted by
006532
authority of Art. III Section 2, cl. 1 2 and enforced by original/exclusive jurisdiction
thereunder and it is the only way a perfect title can be had in our names, Wilcox vs.
Jackson, 13 Pet. (U.S.) 498, 101. Ed. 264; all questions of fact decided by the general
land office are binding everywhere; and injunctions and mandamus proceedings will not
lie against it, Litchfield vs. The Register, 9 Wall. (U.S.) 575,191, Ed. 681. This
document is instructed to be attached to all deeds and/or conveyances in the names of the
above parties as requiring recording of this document, in a manner known as nunc pro
tune [as it should have been done in the beginning], by Order of United States supreme
law mandate as endorsed by case history cited.
La Notice And Effect Of A Land Patent. A grant of land is a Public Law standing on
the statute books of the California, and is notice to every subsequent purchaser under any
conflicting sale made afterward; Wineman vs. Gastrell, 54 Fed 819, 4 C.C.A. 596, 2
U.S. App 581. A patent alone passes title to the grantee; Wilcox vs. Jackson, 13 Pet.
(U.S.) 498, 10. L. Ed. 264. When the United States has parted with title by a patent
legally issued, and upon surveys legally made by itself and approved by the proper
department, the title so granted cannot be impaired by any subsequent survey made by
the government for its own purposes; Cage vs. Danks, 13, La. Ann. 128. In the case of
ejectment, where the question is who has the legal title, the patent of the government is
unassailable, Sanford vs. Sanford, 139 U.S. 642. The transfer of legal title (patent) to
public domain gives the transferee the right to possess and enjoy the land transferred,
Gibson vs. Chouteau, 80 U.S. 92. A patent for land is the highest evidence of title and is
conclusive as evidence against the government and all claiming under junior patents or
titles, United States vs. Stone, 2 U.S. 525. Estoppel has been maintained as against a
municipal corporation (County). Beadle vs. Smyser, 209 US 393. Until it issues, the fee
is in the government, which by the patent passes to the grantee, and he is entitled to
enforce possession in ejectment, Bagnell vs. Broderick, 13 Peter (U.S.) 436. State
statutes that give lesser authoritative ownership of title than the patent cannot even be
brought into Federal court, Langdon vs. Sherwood, 124 U.S. 74, 80. the power of
congress to dispose of its land cannot be interred with, or its exercise embarrassed by any
state legislation; nor can such legislation deprive the grantees of the united States of the
possession and enjoyment of the property granted by reason of any delay in the transfer
of the title after the initiation of proceedings for its acquisition. Gibson vs.
Chouteau, 13 Wal. (U.S.) 92, 93.
ill Land Title and Transfer. The existing system of land transfer is a long and tedious
process involving the observance of many formalities and technicalities, a failure to
observe any one of which may defeat the title. Even where these have been most
carefully complied with and where the title has been traced to its source, the purchaser
must be at his peril, there always being in spite of the utmost care and expenditure; the
possibility that his title may turn out bad; Yeakle, Torrence System. 209. Patents are
issued (and theoretically passed).between Sovereigns. (Fighter vs. County Of Gregory,
230 N. W.2d 114, 116.) The patent is prima facie conclusive evidence of title, Marsh
eoi:p5
vs. Brooks, 49 U.S. 223, 233. An estate in inheritance without condition belonging to
the owner and alienable by him, transmissible to his heirs absolutely and simply, is an
absolute estate in perpetuity and the largest possible estate a man can have. Being in fact
Allodial in its nature, Stanton vs. Sullivan, 63 R.I. 216 7(a) 696. The original meaning
of a perpetuity is an inalienable, indestructible interest. (Bouvier's Law Dictionary,
Volume III. p. 2570, (1914)). If this land patent is not challenged, as stated above,
within 60 days it then becomes my property, as no one else has followed the proper steps
to get legal title, the final certificate or receipt acknowledging the payment in full by a
homesteader or preemptor is not legal effect a conveyance of land. U.S. vs. Steenerson.
50 Fed 504,1; C.C.A. 552, 4 U.S. App. 332. A land patent is conclusive evidence that the
patent has complied with the Act of Congress as concerns improvements on the land,
etc., Jankins vs. Gibson, 3 La Ann 203.
(5) Law on Rights, Privileges, and Immunities; Transfer by Patentee. "...[t]itle and
rights of bona fide purchaser from patentee... will be protected United States vs.
Debell. 227 F. 760 (C8 S.D. 1915), United States vs. Beamon, 242 F. 876, (CA8 Colo.
1917); State vs. Hewitt Land Co., 74 Wash. 573, 134 p. 474. from 43 U.S.C. 15, n. 44.
As an assignee, whether he is the first, second or third party to whom title is conveyed
shall lose none of the original rights, privileges or immunities of the original grantee of
land patent. "No state shall impair the obligations of contracts united States
Constitution Article I. Section 10.
(6) Equal Rights: Privileges and Immunities are Further Protected Under The 14th
Amendment to the U.S. Constitution. "no state.... shall deny to any person within its
jurisdiction the equal protection of the laws In cases of ejectment, where the question
is who has the legal title the patent of the government is unassailable. Sanford vs.
Sanford, 139 U.S. 642, 35 L. Ed. 290. In Federal courts the patent is held to be the
foundation of title at law. Fenn vs. Holmes, 21 Howard 481. Immunity from collateral
attack; Collins vs. Bartlett, 44 Cal. 371; Weber vs. Pere Marquette Boom Co.,62
Mich. 626, 30 N. W. 469; Surget vs. Doe, 24 Miss 118; Pittsmont Cooper Co. vs.
Vanina, 71 Mont. 44, 227 Pac. 45; Green vs. Barker 47 Neb. 934, 66 N.W. 1032.
(7) Disclaimer; assignee's seizen in deed, and lawful entry is inclusive of specifically
that certain legally described portion of the original private Land Grant or Patent PL
852536, BLM WYE 0004481 and not the whole thereof, including hereditament,
tenements, pre emption rights appurtenant thereto. The recording of this instrument
shall not be construed to deny or infringe upon any others right to claim the remaining
portion thereof. Any challenges to the validity of this Declaration and Notice are subject
to the limitations referenced herein. Additionally; a common courtesy of five (5)
weeks' newspaper publication was published as confirmed in the attached certified Proof
pf Publication providing for any challenges hereto within sixty (60) days' of the initial
date of newspaper publication; otherwise laches /estoppel shall forever bar the same
against allodial freehold estate; assessment lien theory to the contrary (Ors. 275, 130),
included.
The following documents are attached to this declaration: (1) Certified Copy of Original
Private Land Grant or Patent; (2) Notice and Declaration of Updated Private Land Patent,
(3) Certified Copy of Proof of Publication; and (4) Legal Description of Portion of Said
Grant or Patent. (5) Declaration of Homestead, which are by reference, made a part
hereof as though fully set forth.
(Filling/recording and any other fee(s) associated with this document will be tendered in
united States coins).
Dated: le) By
Dated: 01 /v
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
On O &&c. ;�o /d before me, j„ NOTARY PUBLIC,
personally appeared Earl J. Cacho and Susan Rae Cacho, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and
that by his/her /their signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature %�Y.G�',
ARY PUBLI
C00534
Earl J. Cacho, Sovereign Elector
Assignee
Susan Rae Cacho, Sovereign Elector
Assignee
LESLIE V. JORGENSLN NOTARY PUBLIC
))i COUNTY OF t STATE OF S
l F7r WYOMING
MY COMMISSION EXPIRES APRIL 5 20111'
(Seal)
Requested and Prepared by:
Earl J. Cacho Susan Rae Cacho
When Recorded Mail To:
EARL J. CACHO SUSAN RAE CACHO
c/o P.O. Box 3813
Alpine, Wyoming [83128]
001535
EXHIBIT B
Space above this line for recorder's use
Parcel 1:
NOTICE AND DECLARATION OF UPDATED PRIVATE LAND PATENT
UNITED STATES PRIVATE LAND PATENT NUMBER: PL #852536, BLM #WYE-
0004481 issued on the 1st day of March, 1922 by Warren G. Harding, PRESIDENT OF
THE UNITED STATES OF AMERICA.
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Earl J. Cacho and Susan Rae Cacho do certify and declare, that we bring up this land
patent in our name. Private real property so, sought to be patented, and legally described and
referenced under private Land Patent Number PL# listed above is:
Portion Claimed: LOT 689 OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED LINCOLN
COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20, 1996
AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK.
Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128
APN: 12- 3718- 18 -4 -02- 010.00
Southwest quarter of the southwest quarter of Section seventeen, the southeast quarter of the
southeast quarter of Section 18, and the west half of the southeast quarter of the northwest
quarter, the west half of the northeast quarter of the northwest quarter, and the northwest quarter
of the northwest quarter of Section twenty in Township 37N of Range 118W, of the Sixth
Principal Meridian, Wyoming, containing one hundred sixty acres.
also together with assignment of any and all Rights, Title, Interests, Privileges and Immunities,
as assign(ee) of the James H. Jordan Original Patentee or Grantee of PLC# 852536, to that
portion of those portions of above described legal description.
No claim(s) is made herein that Claimant/Assignee has been assigned the entire tract of land
described in the original private land patent listed above.
This assignment is inclusive only of the above legal description. The filing of this Declaration of
Updated Private Land Patent shall not deny or infringe on any right, privilege or immunity of
any other assignee to any other portion of land covered in the above described Land Patent
Number PL# 852536.
(Filling/recording and any other fee(s) associated with this document will be tendered in united
States coins).
We, Earl J. Cacho and Susan Rae Cacho, do swear and state that the above is true or is believed,
by me to be true and correct to the best of my ability and knowledge.
Dated: AZ- at)
Dated: 0
JURAT
State of Wyoming
County of Lincoln
Subscribed and sworn to by Earl J. Cacho and Susan Rae Cacho, before me this
O day of i)ec be 2010.
Notary Signature
Printed name Lc 54.
CLAIMANT,
By: .LA.'
Earl Cacho
Sovereign Elector Assignee
By:
Susan Rae Cacho
Sovereign Elector Assignee
My commission expires 5 ,gypr. (2011
..iOKcc,-1; .�.r
OOti536
EXHIBIT C
000537
The ''Little Chicago" Review 000533
Proof Of Publicatioii
004237
THE STATE OF WYOMING
County of Lincoln
)ss.
Charles E. Young first duly sworn deposes and says that he is editor of THE
"LITTLE CHICAGO" REVIEW, a newspaper of general circulation, published at
Kemmerer, Lincoln County, in the State of Wyoming.
That the notice, a true copy of which is hereto attached, was published on the
SdLe,e, day of ef-e, ,20 U and was pub ished in each
succeeding week until the day of ,20 7e2
being a period of successive weeks. That said n ublis
weekly, on Wednesday of each week. p
Subscribed and sworn to before me, this <Vive- day of Z: e4441,4.
COPY OF NOTICE
N®: ICE III 1,1
Be it known th`a''Earl J. Cacho' and Sus atr a Declaration
of Land Patent on the real property described as the following:
Parcel 1: Lot 688 of Alpine Village Subdivision No. 1, Plat 3 Amended'
Lincoln County, Wyoming as shown on the Parcel Division filed March 20.
1996 as Instrument #817052 of records of the Lincoln County Clerk.
Parcel 11) Number 12- 3718- 18- 4 -02- 010.00. Which currently has the address
of :145 Elkhorn Drive Alpine, Wyoming 83128.
If any party having a claim, lien or debt or other equitable interest fails to file
a suit in a court of law within sixty (60) days from the date of filing 11- 03 -10,
then they shall waive any and all future claims against this land and it will
become the property and alloidal freehold of the assignee. ,Earl J. Cacho and
Susan, Rae, Cacho to said Land, Patent. Published in TRE LITTLE CHICA-
GO REVIEW, KEMIVIERER, WY'O ta G.
11 /03,19,17,24 12 01 1/2010
OLGA J. SHIMMIN NOTARY PUBLIC
COUNTY OF D STATE OF
LINCOLN WYOMING
I o2d/
My Commission Expi
.rte
,20 /0
The "Little Chicago' Review
Proof Of Publication
Subscribed and sworn to before me, this `j day of
THE STATE OF WYOMING
)ss.
County of Lincoln
Charles E. Young first duly sworn deposes and says that he is editor of THE
"LITTLE CHICAGO" REVIEW, a newspaper of general circulation, published at
Kemmerer, Lincoln County, in the State of Wyoming.
That the notice, a true copy of which is hereto attached, was published on the
tVL day of ,20 and was published in each
succeeding week until the a ztet day of 20 /1
being a period of successive weeks. That id n publis
weekly, on Wednesday of each week.
SHIMMIN NOTARY PUBLIC
OF STATE OF
N WYOMING
OLGA
COUNTY
LINCOLN
Commission Expires
♦a
e00539
COPY OF NOTICE
'LAND PATENT' 2536"
Correction to publication that ran November 3rd, 2010 to Decent-
berlst, 2010, that the lot Iris 68B, instead of 688. Published in The
Little Chicago Review.
12- 29/01 -5, 12, 19 26/11
EXHIBIT D
000540
844 .0 71 1 M' '00054
1*'
r >z itt to mac, rte. 4rellt44)_
'OOu2
"WHEREAS, a Certificate of the tighter of the Lad Office at
hes been deposited in the Genial Lead Office, whereby ,I appears that, pursuant to the 'Act of ;Congress of May 20, 1862,
"To Secure Homesteads to. Actual Settlers on the ''Public Domain," and the acts s7lementai thereto, the clans of
414101 H Jordan
has been established and duly coawesmf#ed,;'le conformity'to lt w,:forRiid eouthweSt quarter of' the eOuthwest
:qUarterof Section eev teen, rthe sqtttb act :quarter of .th' eoutheaet 4uarter
off' Seotion°.eightesn, eead the ha3! of the southe,aet quarter° of the 'aorthw
west quarter, the neat half of the northeast quitter -of th northwest ewer
ter, and ;northwest quarter of the northwest .quarter of Section` twenty
in Township thirty- seven' north of Range one,:;. hundred, eighteen went or-the
Sixth 'i'rinoipsl Ie°ridian, Wyoeting, ,containing one hutitcired sixty aorta,
according to the Oiflclal Plat of.thb Survey'of t said .Land, returned to the GEKERAL LAND'OEF10E by the Surveyor- Generale,
NOW.KNOW YE, That tI a ts, thereby granted by the UNITED STATES unto the saidaclaimant tie tract of'Laod' above described{
TO HAVE AND TO HOLD the said, tract of Land, with the appurtenances thereof;., unto the said clalmant and to theTheirs And Iselin* of
the. -maid claimant forever; subiect to any rested and accrued Water rlgbts for mining, sgrlcivHural, muu other purposes; and
rights to ditches and reeerioirs used is cepnectloe with such water. ts, as. may be recognized and acknowledged by the Iocnf
andSdeclslone'of courtst..and there is reserved from the lands 11. ,granted a right of way thereon for'ditchs or. canals constructed by the
'authority of the UnitaiT,States.,
CERTIFIED
tab a true.and comparetive,copy
f the official records, on fits
IN TESTIMONY WHEREOF, 1, Ivarren', G. H•
President of the United States of America, have caused these letters to be m
1
Patent, and the seal of the General Land Oflce to be hereonto•s xed.
GIVEN .under my hand, in the District of Columbia, the
diy of MA$C.M
eine hundred and 1 TWENTY4WO
United States the ant hundred and/
By the Prim! ti
By
I►aneton; !ring,
FIRST
in that year of out Lord .one thousand
and of the lndependence.ef the'
FORTY $1XTFS.
000542
G0v24O
Parcel 1:
Space above this line for recorder's use
LEGAL DESCRIPTION OF PORTION OF SAID PATENT EXHIBIT E
Portion Claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3 AMENDED
LINCOLN COUNTY, WYOMING AS SHOWN ON THE PARCEL DIVISION FILED MARCH 20,
1996
AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK.
Parcel ID Number: 12-3718-18-4-02-010.00
Which currently has the address of: 145 ELKHORN DRIVE, ALPINE, WYOMING 83128
Township 37 North, SE 1 /4 SE 1 /4.
Range 118 West.
Section 18.
Sixth Principal Meridian.
o9 543
u0u241
EXHIBIT F
Space above this line for recorder's use
MEMORANDUM OF LAW ON RIGHTS, PRIVILEGES AND IMMUNITIES
Transfer by patentee... "Title and rights of bona fide purchaser from patentee will be
protected" United States v. Debel, (1915, CA8 SD) 227 F 760: United States v. Beaman, (1917,
CA8 CO) 242 F. 876; State v. Hewitt Land Co., (1913) 74 Wash. 573, 134 P. 474 from 43
USCS 15, n. 44.
AS AN ASSIGNEE, WHETHER HE BE THE FIRST, SECOND OR THIRD PARTY TO
WHOM TITLE IS CONVEYED SHALL LOSE NONE OF THE ORIGINAL RIGHTS,
PRIVILEGES OR IMMUNITIES OF THE ORIGINAL GRANTEE OF LAND PATENT. The
U.S. Constitution says in Article I Sec. 10: "No State shall impair the obligations of Contracts."
EQUAL RIGHTS
PRIVILEGES AND IMMUNITIES ARE FURTHER PROTECTED UNDER THE
14th AMENDMENT TO THE U.S. CONSTITUTION WHICH SAYS: 'No State shall deny
to any person within it's jurisdiction the equal protection of the law."
In cases of ejectment, where the question who has the legal title, the Patent of the government is
unassailable. Stanford v. Stanford, 139 U.S. 642, 35 L. Ed. 290.
In Federal courts, the Patent is held to be the foundation of title at law Fenn v. Holmes, 21
Howard 481.
IMMUNITY FROM COLLATERAL ATTACK: Collins v Bartlett., 44 Cal 371; Weber v. Pere
Marquette Boom Co., 62 Mich. 626, 30 NW 469; Surget v. Doe, 24 Miss 118: Pittsmont
Copper Co. v. Vanina, 71 Mont. 44, 227 Pac. 46, Green v. Barker, 47 Neb. 934 66 NW 1032.
"legal title to property is contingent upon the patent issuing from the government. [Sabo v.
Horvath, 559 p. 2d 1038, 1040 (aka. 1976)] "that the patent carries the fee and is the best title
known to a court of law is settled doctrine of this court," [Marshall v. Ladd, 7 Wall. (74 U.S.)
106 (1869)] "a patent issued by the government of united states is legal and conclusive evidence
of title to the land described therein, ho 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)] [Hafer v. Melo, 90 681 U S. (1991)], that held under title
42, United States Code, sec. 1983 suits "every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any state subjects, or causes to be subjected, any
citizen of the United States or other person within the jurisdiction thereof to the deprivation of
any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the
party injured. Title 18, United States Code, sec. 241
Patent Case Law
ALLODIAL TITLE
MATTHEWS V., 10 GILL J (MD) 443
WALLACE V. ARMSTEAD, 44 PA. 492
WENDELL V. CRANDALL, 1 N.Y. 491
STANTON V. SULLIVAN 7A. 696
McCARTEE V. ORPHUM'S ASYLUM. 9 COW N.Y. 437,18 AM. DEC. 516
PEOPLE V. RICHARDSON, 269 M. 275,109 N.E. 1033
LAND PATENT
SANFORD V. SANFORD 139 US 642
FENN v. HOLMES, 21 HOWARD 481
LOMAX V. PICKERING, 173 US 26
GIBSON V. CHOUTEAU, 80 US 92
WILCOX V. JACKSON 13 PETER (US) 498
UNITED STATES V. STONE, 2 US 525
MINTER V. CROMMELIN, 18 US 87
JOHNSON V. CHRISTIAN 128 US 374
DOE v. AIKEN 31 FED. 393
SARGENT V. HERRICK STEVENS 221 US 404
NORTHERN R.R. CO. V. TRAIL COUNTY, 115 US 600
BEADLE V. SMYSER, 209 US 393
BAGNELL V. BRODERICK, 13 PETER (US) 436
(3544
00 4242
Allodial Title Via Land Patent
STEEL V. ST. LOUIS SMELTING REFINING CO. 106 US 417
HOGAN V. PACE 69 US 605
LANGDON V. SHERWOOD 124 US 74
CARTER V. RUDDY 166 US 493
RUDDY V. ROSSI 248 US 104
GOLDING V. SCHUBAC 93 US 32
SAVILLE V. CORLESS 46 US. 495
ECHART V. COMMISSIONERS, C.C.A. 42 F2d 158; 283 US 140
CLEVELAND V. SMITH 132 US 318
PEOPLE V. HINES, 89 P. 858,5 CAL. APP. 122
MITCHELL V. CITY OF ROCKLAND, 45 ME. 496
STATE TREASURER V. WRIGHT 28 ILL 509
WHITAKER V. HALEY 2 ORE. 128
TOWN OF FRANKFORT V. WALDO 128 ME. 1
McCARTHY V. GREENLAWN CEM. 158 ME. 388
CASSIDY V. AROOSTOCK 134 ME. 34
BARKER V. BLAKE, 36 ME. 1
MARSHALL V. LADD 7 WALL 74 US 106
UNITED STATES V. CREEK NATION 295 US 103
UNITED STATES V. CHEROKEE NATION 474 F 2d 628
MARSH V. BROOKS 49 U. S. 223
HOOPER V. SCHEIMER 64 U.S. 23 HOW 235
GREEN V. BARBER 66 N.W. 1032
W ALTON V. UNITED STATES 415 F 2d 121,123 (10th CIR.)
2
03t'545
000243
Allodial Title Via Land Patent
UNITED STATES V. BEAMON 242 F. 876
FILE V. ALASKA 593 P. 2d 268
LEADING FIGHTER V. COUNTY OF GREGORY, 230 N.W. 2d 114, 116
CHISHOLM V. GEORGIA, 2 DALL (U.S.) 419 WILCOX V. CALLOWAY [I WASH. (VA.) 38 -41]
STATE V.CRAWFORD 441 P. 2d 586590
YOUNG V. MILLER 125 SO. 2d 257,258
BEAVER V. UNITED STATES, 350 F 2d 4 dert denied 387 U.S. 937
STOLL V. GOTTBREHT 176 N.W. 932,45 N.D. 158
REICHERT V. JEROME H. SHEIP. INC 131 SO. 229, 22E ALA 133
SUMMA CORPORATION V. CALIFORNIA ex. rel. STATE LANDS COMMISSION, 80 L.ED 2d
237
OLIPHANT V. FRAZHO 146 N.W. 2d 685
UNITED STATES V. SPRAGUE 282 U. S. 716
UNITED STATES V. REYNES, 9 HOW (U.S.) 127
WISCONSIN C.R. CO. 124 U.S. 74,81
PUTNUM V. ICKES, 78 F.2d 233, CERT. DENIED 296 U.S. 612
KALE V. UNITED STATES 489 F2d 449,454
HOOFNAGLE V. ANDERSON, 20 U. S. (7 WHEAT) 212
THOMAS V. UNION PACIFIC RAILROAD CO. 139 F.SUPP. 588596
STATE V. CRAWFORD 441 P.2d 586590 (ARIZ.APP) WINEMAN V. GASTREL 54 FED, 819,4
CCA 596,1 US APP 581
CAGE V. DANKS 13 LA ANN 128
U.S. V. STEENERSON 50 FED 504,1 CCA 552,4 U.S. APP 332
JENKINS V. GIBSON, 3 LA ANN 203
3
Cs�i,S S eClii244
Allodial Title Via Land Patent
O00547
0
Allodial Title Via Land Patent
LITCHFIELD V. THE REGISTER, 9 WALL (U.S.) 575,19 LED 681 UNITED STATES V. DEBEL 227
F 760 (C8 sd, 1915)
STANEK V. WHITE, 172 MINN. 390,215 N.W.R. 781,784 WARE V. HYLTON, 3 DALL (3 U.S. 199)
LOMAS V. PICKERING 173 US 26 43 L. ED. 601
COLOR OF TITLE
DINGEY V. PAXTON, 50 MISS 1038
EHLE V. QUACKENBOSS 6 HILL NY 537
OAKLEY V. COOK 41 N.J. EQ. 350A.2d 496
DONOVAN V. PITCHER, 53 ALA 411
BIRGE V. BOCK 44 MO APP 69
CONVERSE V. KELLOGG 7 BARB N.Y. 590
BLOCH V. RYAN, 4 AOO CAS, 283
RYNOLDS V. BOREL, 86 CAL. 538
MOORE V. WILLIAMS, 115 N.Y. 586,22N.E. 253
ROBERTS V. BASSETT, 105 MASS 409
WRIGHT V. MATTISON, 18 HOW (U.S.) 50
JOPLIN BREWING CO. V. PAYNE, 197 NO.422 94 S.W. 896
ST. LOUIS V. GORMAN 29 MO 593
RAWSON V. FOX, 65 ILL 200
DAVID V. HALL, 92 R.I. 85
MORRISON V. NORMAN, 47 ILL 477
McCONNELL V. STREET 17 ILL 253
MAHRENHOLZ V. COUNTY BOARD OF SCHOOL TRUSTEES OF LAWRENCE COUNTY etal.
93 ILL APP 3d 366
DEMPSEY V. BURNS 281 ILL 644
DRYDEN V.NEWMAN, 116ILL 186
HINCKLEY v. GREEN 52 ILL 223
BUSCH V. HUSTON 75 ILL. 343
CHICKERING V. FAILES, 26 ILL. 508
SAFFORD V. STUBBS 117 ILL. 389
HOOW AY V. CLARK 27 ILL. 483
McCELLAN V. KELLOGG 17 ILL 498
GRANT v. BENNETT 96 ILL. 513
MORGAN V. CLAYTON, 61 ILL 35
BRADY V. SPURCK 27 ILL 478
BUTTERFIELD V. SMITH ILL. 111
KENDRICK V. LA TRAM, 25 FLA. 819
HULS V. BUNTIN 4711 —L 396
WALKER V. CONVERSE 14811 —L. 622
PEADRO V. CARRIKER 16811 —L 570
CHICAGO V- MIDDLEBROOKE, 14311 —L 265
PIATT COUNTY V. GOODEN, 97 ILL 84
STUBBLEFIELD V. BORDERS 89 ILL 570
THOMAS V. ECKARD, 88 ILL 593.
COLEMAN V, BILLINGS, 89 ILL 183
WHITNEY V. STEVENS, 89 ILL. 53
HOLLOWAY V. CLARKE, 27 ILL. 483
BALDWIN V. RATCLIFF 125 ILL. 376
5
006543 OOii24S
Allodial Title Via Land Patent
BRADLEY V. REES, 113 ILL 327
COOK V. NORTON, 43 ILL 391
COUNTY OF PIATT V. GOODELL, 97 ILL 84
SMITH V. FERGUSON, 91 ILL 304
HAS SETT V. RIDGELY, 49 ILL 197
BROOKS V. BRUYN, 35 ILL. 507
McCLAGG V. HEACOCK, 34 ILL. 476
BRIDE V. WATT, 23 ILL 507
WOODWARD V. BLANCHARD, 16 ILL 424
MARKETABLE TITLE
AUSTIN v. BAMUM, 52 MINN. 136
ROBERT V. McFADDEN 32 TEX -CIV. APP. 47,74 S.W.105
BARNARD V. BROWN, 112 MICH 452
ORMSBY V. GRAHAM, 123 LA. 202,98 N.W. 724
WICHELMAN V. MESSNER, 83 N.W. 2d 800
CLOSE V. STUYVESANT, 132 ILL 607, 24N.E. 868
CUMMINGS V. DOLAN, 52 WASH. 496 100 P. 989
SABO V. HORVATH, 559 P. 2d 10381040 (AK 1976)
DEFECTIVE TITLE
HELLER V. COHEN 15 MISC. 378,36 N.Y. S. 668
PLACE V. PEOPLE, 192 ILL 160,61 N .E. 354
COSPERTINI V. OPPERMANN, 76 CAL. 181, 18P. 256 RASCHELL V. PEREZ,
7TEX,348HERMANV.
SOMERS, 158 PA. ST. 42427 A. 1050
6
000549 040247
Aliodial Title Via Land Patent
SABO V. HORVATH, 559 P. 2d 1038
PORTER V. BUCK. 335 SO. 2d 369,371
WILD DEEDS
THE EXCHANGE NATIONAL BANK V. LAWNDALE NATIONAL BANK,
41 ILL 2d 316,243 N .E. 2d 193, 195 -96
MANSON V. BERKMAN 356 ILL 20, 190 N.E. 77
SCHELLER V. TRUSTEES OF SCHOOLS OF TOWNSHIP 41 NORTH 67 ILL APP. 3d 85
MORTGAGE AS A LIEN NOT TITLE
UNITED STATES V. CERTAIN INTEREST IN PROPERTY IN CHAMPAIGN COUNTY, STATE OF
ILLINOIS 165 F SUPP. 474
FEDERAL FARM MORTGAGE CORP. V. GANSWER 146 NET 635,20 N.W. 2d 689
SOUTH OMAHA BANK V. LEVY 95 N.W. 603
FIRST NATIONAL BANK V. SARGEANT 65 NEB. 39491 N.W. 595
MORRILL V. SKINNER 57 NEB. 164,77 N.W. 375
BARBER V. CROWELL 55 NEB 57173 N.W. 1109
SPEER V. HADDUCK, 31 FREEMAN (ILL) 439,443
UNITED STATES V UNITED STATES CHAIN COMPANY 212 F. SUPP. 171 (N.D. ILL.)
COMMON LAW
UNITED STATES CONSTITUTION
WES "I'ERN UNION TELEGRAPH CO. V. CALL PUBLISHING CO. 181 U.S. 765
ROBBEN V. ()BERING 279 F. 2d 387(7th CIR.)
KARLSON V. MURPHY 56 N.E. 2d 839387 ILL 436
PEOPLE ex. re1. BOARD OF TRUSTEES OF UNIVERSITY OF ILLINOIS V. BARRETT
46 N.E.2d 951,382 ILL. 321
MITCHELL HUTCHINS AND CO. 54 N.E.2d 708322 ILL APP. 409
HEINEMAN V. HARMANN, 52 N.E. 2d 263, 385 ILL. 191
7
eoCP550
000248
Allodial Title Via Land Patent
COt;5S1 000249
Allodial Title Via Land Patent
WILLIAMSON V. WINNINGHAM 86 P, 2d 644, 650 (OKLA.)
MISSOURI, KANSAS TEXAS RAILWAY CO. v. KANSAS PACIFIC RAILWAY CO.,
97 U.S. 491,497
MARKS V. DICKSON 61 U. S. (20 HOW) 501
COUSIN V. BLANC'S EX., 19 HOW (U.S. 206,209)
STATUTES AT LARGE
THE MAIN PATENT STATUTE IS
3 STAT, 16th CONGRESS, SESS. I CH. 51 (1820)
12 STAT. 392, 37th CONGRESS, SESS II CH. 75 (1850 THE HOMESTEAD ACT)
9 STAT. 520 31" CONGRESS SESS I CH. 85 (1850- MILITARY BOUNTY SERVICE ACT)
8 STAT. 123 29th CONGRESS SESS II CH. 8 (1847- RAISE MILITARY FORCE)
5 STAT. 444 2P CONGRESS SESS II CH. 30 (183])
4 STAT 51, 18th CONGRESS, SESS I CH. 174 (1824)
5 STAT. 56, 18th CONGRESS, SESSI CH. 172 (1824)
2 STAT 748 12th CONGRESS, SESS. I CH. 99 (1 812)
2 STAT. 716, 12th CONGRESS, SESS. I CH. 68, (1812- GENERAL LAND OFFICE ACT)
2 STAT. 590 11 CONGRESS, SESS. U, CH.3.5. (1810)
2 STAT. 437, 9th CONGRESS SESS. H, CH.34 (1807)
2 STAT. 437, 9th CONGRESS, SESS. H. CH. 34 (1807) [sic, sections U and H above are more likely II]
Requested and Prepared by: 06552 EXHIBIT G
Earl J. Cacho Susan Rae Cacho
When Recorded Mail To:
EARL J. CACHO SUSAN RAE CACHO
clo P.O. Box 3813
Alpine, Wyoming 183128]
DECLARATION OF HOMESTEAD
1. We, Earl J. Cacho and Susan Rae Cacho, do hereby declare:
2. That our mailing address for our Homestead is:
Portion claimed: LOT 68B OF ALPINE VILLAGE SUBDIVISION NO.1, PLAT 3
AMENDED LINCOLN COUNTY, WYOMING AS SHOWN ON THE PARCEL
DIVISION FILED MARCH 20, 1996
AS INSTRUMENT #817052 OF RECORDS OF THE LINCOLN COUNTY CLERK.
APN: 12-3718-18-4-02-010.00
Which currently has the address of: 145 ELKHORN DRIVE, ALPINE,
WYOMING 83128
3. We, hereby declare and claim said premises as a Homestead.
4. No further Declaration of Homestead has been made by us except as has abandoned.
5. See Attachment Exhibit "A DECLARATION OF ASSIGNEE'S UPDATE OF LAND
PATENT. Exhibit "D" CERTIFIED COPY OF LAND PATENT.
6. The facts stated in this Declaration are true as of our personal knowledge.
Dated: 4? n !o
Dated:
Space above this line for recorder's use
*See NOTARY ACKNOWLEDGEMENT Attached
By-
Ear Cacho, Declarant
B
usan Rae Cacho, Declarant
000250
CER 1iF ICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
On g n� c„ a o 1 D before me, S L? C V J 0 J k NOTARY PUBLIC,
personally appeared Earl J. Cacho and Susan Rae Cacho, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and
that by his/her /their signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Wyoming that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
030553 000251
LESLIE V.JORGENSEN NOTARY PUBLIC
COUNTY OF i STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES APRIL 5, 2011
(Seal)
EXHIBIT 1
000554
OR
3b. tN01VIDUAL'S LAST NAME
:Cacho
FIRST NAME
Earl
MIDDLE NAME
James
SUFFIX
3c.
c/o
MAILINGAODRESS
145 Elkhorn Drive
CITY
Alpine
STATE
wy
POSTAL CODE
(831281
COUNTRY
uSA
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS (front and back) CAREFUU.Y
IA. NAME PHONE OF CONTACT AT FILER (optional)
B. SEND A CKNOWLEDGMENT TO (Name and Address)
I Earl James Cacho Susan Rae Cacho
c/o 145 Elkhorn Drive
Alpine, WY 831281
1. DEBTOR'S EXACT FULL LEGAL NAME Innenonly debmrnarne( taorlb donotabbreviataarambinenames
R
uSA
L
lb, INDIVIDUAL'S LASTNAME FIRST NAME
lc. MAILING ADDRESS
145 Elkhorn Drive
1d.
ADD'L INFO RE I ie. TYPE OF ORGANIZATION
ORGANIZATION
DEBTOR DBA
J
CITY
Alpine
if. JURISDICTION OFORGANIZATION
USA
STATE.
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME insect only gne debtor name (2a or 2b) do not abbreviate or combine names
OR
2c.
14
2d.
3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S IP) insanonly44€ W'myn or 3 b)
3a. ORGANIZATION'S NAME
5. ALTERNATIVE DESIGNATION rf a •plicable):
FILING OFFICE COPY UCC FINANCING S
CONSIGNEE/CONSIGNOR
006555
RECEIVED 12/23/2010 at 10:11 AM
RECEIVING 957294
BOOK: 759 PAGE: 228
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER WY
WY
BAILEE/BAILOR LLERIBUYER
POSTAL CODE
83128
00u228
THE ABOVE SPACE IS FOR PILING OFFICE USE ONLY
1 a. ORGANIZATION'S NAME
EARL JAMES CACAO, ORGANIZATION- TRADE NAME TRADE MARK DEBTOR
MIDDLE NAME
ORGANIZATIONAL lD if any
SUFFIX
COUNTRY
USA
2a. ORGANIZATION'S NAME
SUSAN RAE CACAO, ORGANIZATION- TRADE NAME, TRADE MARK DEBTOR
MIDOLE NAME
21, INDIVIDUAL'S LAST NAME
FIRST NAME
MAIUNG ADDRESS
5 Elkhorn Drive
ADM. INFO RE f 2e. TYPE OFORGANIZATION
ORGANI
DEBTOR ZATION DBA
CITY
Alpine
2f. JURISDICTION OF ORGANIZATION
USA
STATE
WY
POSTAL CODE
83128
2g. ORGANIZATIONAL ID If any
SUFFIX
COUNTRY
USA
1171t4ONE
NONE
4. This FINANCING STATEMENT covers the following collateral:
Be it known that Earl James: Cacho Susan -Rae: Cacho has filed a Declaration of Land Patent on the real property
described as the following: See Add. Section 14. For Legal Description of said property attached hereto and made part
hereof. NO third party having a claim, lien or debt or other equitable interest has made ANY claim. As such, all interested
or third parties have waived any and all future claims against said land and it has become the property and alloidal freehold
of the assignee, Earl- James: Cacho Susan -Rae: Cacho to said Private Land Patent. Any and all claims are now
subordinate and inferior to the claim of the Secured Party, Earl-James: Cacho Susan -Rae: Cacho. See Exhibit A
Declaration of Assignees Update of Patent; Exhibit B Notice and Declaration of Updated Private Land Patent; Exhibit C
Proof of Publication of Land Patent; Exhibit D Certified Copy of Land Patent; Exhibit E Legal Description of Portion of
Said Land Patent; Exhibit F Memorandum of Law on Rights, Privileges immunities; Exhibit G- Declaration of
Homestead attached thereto. Earl James: Cacho Susan -Rae: Cacho has a vested interest in the amount of $237,000.00 in
the property described. See Addendum Section 14. All proceeds, products, accounts, fixtures, timber, materials, etc. and
the orders therefrom are released to the Debtor.
is 'r A is to •e .rreco orr •r° in the
1 ..c a ..I.
i(;�� tl r /ti►
AU Debtors
Debtor 1 1
AS
6.
8. OPTIONAL FILER REFERENCE DATA
Secure Party: Earl James: Cac
LESSEE/LESSOR
Secure- Party: Susan -Rae: Cac
AG
Debtor 2
UEN
NON -UCC FILING
EMENT (FORM UCC1) (REV. 05/22/02) International Association Of Commercial Administrators (IACA)
OR
SUSAN RAE CACHO, ORGANIZATION TRADE NAME, TRADE MARK DEBTOR
11b. INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
11c. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
1Id.
ADD'L INFO RE 110. TYPE OF ORGANIZATION
ORGANIZATION
DEBTOR
11f. JURISDICTION OF ORGANIZATION
11g. ORGANIZATIONAL ID if any
1 NONE
12.
OR
ADDmONAL SECURED PARTY'S $r ASSIGNOR S /P'S NAME -inset only gge name 12a or 12b)
12a. ORGANIZATION'S NAME
12b. INDIVIDUAL'S LAST NAME
:Cacho
FIRST NAME
Susan
MIDDLE NAME
Rae
SUFFIX
12c. MAILING ADDRESS
c/o 145 Elkhorn Drive
CRY
Alpine
STATE
wy
POSTAL CODE
[831281
COUNTRY
uSA
13. This FINANCING STATEMENT
collateral. or is filed as a
14. Description of real estate:
Portion Claimed:
SUBDIVISION NO.1,
LINCOLN COUNTY,
THE PARCEL DIVISION
AS INSTRUMENT
LINCOLN COUNTY
APN: 12- 3718- 18
15. Name and address of a RECORD
(if Debtor does not have a
Secured Pa
covers limber to be cut or as- extracted
fixture filing.
LOT 68B OF ALPINE VILLAGE
PLAT 3 AMENDED
WYOMING AS SHOWN ON
FILED MARCH 20,1996
#81'7052 OF RECORDS OF THE
CLERK.
-4 -02- 010.00
OWNER of above described real estate
record interest):
ri- James:, C cho
16. Additional collateral description:
e .4./ Ir k )W l (i)
17. Check 4Jyi if applicable and check pkt one box.
Debtor is a VI Tntst orlaTrostee acting with respect to held in trust
property or Decedent's Estate
Secured Pa Susan -Rae: Cacho 666
18. Check 2* if applicable and thteck ggly one box:
Debtor is a TRANSMITTING UTILITY
0 Filed in connection with a Manufactured.Home Transaction
Filed in connection with a Pubfic- Finance Transaction
Y. (J
UCC FINANCING STATEMENT ADDENDUM
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
9. NAME OF FIRST DEBTOR (la or 1b) ON RELATED FINANCING STATEMENT
OR
90. ORGANIZATION'S NAME
EARL JAMES CACHO, ORGANIZATION-TRADE NAME, TRADE MARK DEBTOR
9b. INDIVIDUAL'S LAST NAME
10. MISCELLANEOUS:
11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME insert only one name (11a or 11b) do not abbreviate or combine names
11a. ORGANIZATION'S NAME
IFRRST NAM
1
MIDDLE NAME,SUFFIX
e•o 556
004229
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
Intemational Association of Commercial Administrators (tACA)
FILING OFFICE COPY UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 05/21/09)