Month: April 2021

Protocol: Averment of Jurisdiction
Truth & The Divine Truth
Judicial Action in Propria Persona Su

1. Personum
2. Subject Matter
3. Territorial

The radical meaning of this word
appears to be that of a mark, style, or designation ; a distinctive appellation ; the name
by which anything is known. Thus, in the
la w of persons, a title is an appellation of
dignity or distinction, a name denoting the
social rank of the person bearing it ; as
“duke” or “count.” So, in legislation, the title of a statute is the heading or preliminary
part, furnishing the name by which the act
is individually known. It is usually prefixed to the statute in the form of a brief
summary of its contents ; as “An act for the
prevention of gaming.” State v. Thomas, 301
Mo. 603, 256 S. W. 1028, 1029. Again, the
title of a patent is the short description of
the invention, which is copied in the letters patent from the inventor’s petition ;· e. g.,
!’a new and improved method of drying and
prep�ring malt�” Johna-‘ Pat. Man. 90.

A title may become a subject of property ;
as one who has adopted a particular title for
a newspaper, or other business enterprise,
may, by long and prior user, or by compliance
with statutory provisions as to registration
and notice, acquire a right to be protected in
the exclusive use of it. Abbott.
The title of a book, or any literary composition, is its name ; that is, the heading or
caption prefixed to it, and disclosing the distinctive appellation by which it is to be
known. This usually comprises a brief description of .its subject-matter and the name
of its author.
“Title” is also used as the name of one of
the subdivisions employed in many literary
works, . standing intermediate between the di·
visions denoted by the term “books” or
“parts,” and those designated as “‘chapters”
and “sections.”
In Real P’roperty Law
Title is the means whereoy the owner of
lands has the just possession of his property.
Co. Litt. 345 ; 2 Bl. Comm. 195 ; Horney v.
Price, 189 N. C. 820, 128 S. E. 321, 323 ; Hahn
v. Fletcher, 189 N. C. 729, 128 S. E. 326, 327 ;
Stewart v. Patterson (Tex. Civ. App.) 204 S.
W. 768, 770 ; Brady v. Carteret Realty Co.,
82 N. J. Eq. 620, 90 A. 257, 258, Ann. Cas.
1915B, 1093 ; Wimpey v. Ledford (Mo. Sup.)
11 A. L. R. 7, 177 S. W. 302, 304.
Title is the means whereby a person’s right
to property is established. Code Ga. 1882, §
2348 (Clv. Code 1910, § 3796).
Title may be defined generally to be the evidence
of right which a person has to the possession of
property. The word “title” certainly does not merely signify the right which a person has to the possession of property ; because there are many instances in which a person may have the right to
the possession of property, and at the same time
have no title to the same. In its ordinary legal
acceptation, however, it generally seems to imply
a right of possession also. It therefore, appears,
on the whole, to signify the outward evidence of
the right, rather than the mere right itself. Thus,
when it is said that the “most imperfect degree of
title consists in the mere naked possession or actual occupation of an estate,” it means that the
mere circumstance of occupying the estate is the
weakest species of evidence of the occupier’s right
to such possession. The word is defined by Sir
Edward Coke thus : Titulu8 est justa causa p08sidendi id quod nostrum est} (1 Inst. 34 😉 that is to
say, the ground whether purchase, gift, or other
such ground of acquiring ; “titulus” being distinguished in this respect from “modu8 acquirendi,”
which is the traditio} i. e.} delivery or conveyance
of the thing. Brown.
Title is when a man hath lawful cause of entry
into lands, whereof another is seised ; and it signifies also the means whereby a man comes to
lands or tenements, as by feoffment, last will and
testament, etc. The word “title” includes a right,
but is the more general word. Every right is a title, though every title is not a right for which an
action lies. Jacob.
See also Donovan v. Pitcher, 53 Ala. 411, 25 Am.
Rep. 634 ; Kamphouse v. Gaffner, 73 Ill. 4:58; Pannm. v .• Coles; $1 . Va. 3� ; . ‘Hunt v” Eaton, 55 Mich.
362, 2i N. W. 429 ; Loventhal v. Home Ins . . Co., 112
Ala. 108, 20 South. 419, 33′ L. R. A. 258, 57 Am. St.
Rep. 17 ;, Irving v. Brownell. 11 Ill. 414 ; Roberts
v. wentworth, 5 Cush. (Mass.) 193 ; Campfield v.
Johnson, 21 N. .1. Law, 85 ; Pratt v; Fountain, 73
Ga. 262-
A title is a lawful cause or ground of possessing
that which is ours. An interest} though · primarily
it includes the terms “estate,” “right,” and “title,”
has latterly come often to mean less, and to be the
same as “concern,” “share,” and· the like. Merrill v. Agricultural Ins. Co., 73 N. Y. 456, 29 Am.
Rep. 184.
The investigation of titles is one of the principal
branches of conveyancing and in that practice the
word “title” has acquired the sense of “history,”
rather than of “right.” Thus, we speak of an abstract of title, and of investigating a title, and
describe a document as forming part of the title to
property. Sweet.
.�
,I n Pleading
The right of action which the plaintiff has.
The declaration must show the plaintiff’s title, and, if such title be not shown in that instrument, the defect cannot be cured by any
of the future pleadings. Bac. Abr. “Pleas,”
etc., B 1.
I n Procedure
Every action, petition, or other proceeding has a title, which’ consists of the name of
the court in which it is pending, the names
of the parties, etc. Administration actions
are further distinguished by the name of the
deceased person whose estate is being administered. Every pleading, summons, affidavit, etc., commences with the title. In many
cases it is sufficient to give what is called the
“short title” of an action, namely, the court,
the reference to .the record, and the surnames
of the first plaintiff and the first · defendant.
Sweet.
In General
-Absolute title. As applied to title to land,
an “absolute” title means an exclusive title, or
at least a title which excludes all others not
compatible with it ; an absolute title to land
cannot exist at the same time in different persons or in different governments. Johnson v.
McIntosh, 8 Wheat. 543, 588, 5 L. Ed. 681.
-Abstract of title. See that title.
-Adve-rse title. A title set up in opposition
to or defeasance of another title, or one acquired or claimed by adverse possession.
-Bond for title. See Bond.
-Chain of title. See that title.
-Clear title, good title, merchantable title, marketable title, are synonymous ; ” clear title”
meaning that the land is free from incumbrances, “good title” being one free from litigation, palpable defects, and grave doubts,
comprising Iboth legal and equitable titles and
fairly deducible of record. Ogg v. Herman,
71 Mont. 10, 227 P. 476, 477 ; Veselka v. Forres

(Tex. Ciy’. App.) 283 S. W. 303, 306 ; Sipe ‘ v.
Greenfield, 116 Ok!. 241, 244 P. 424, 425.
‘
-Clear title of record, or clear reco,rd title,
means freedom from appa.rent defects, grave
‘doubts, and litigious uncertainties, and is
such title as a reasonably prudent person,
with, full knowledge, would accept. A title
dependent for its validity on extraneous evidence, ex parte affidavits, or written guaranties against the results of litigation is not a
clear title of record, and is not such title as
equity will require a purchaser to accept.
Ammerman v. Karnowski, 109 Ok1. 156, 234 P.
774, 776 ; Cleval v. SUllivan, 258 Mass. 348,
154 N. E. 920, 921.
-Color of title. See that title.
-Covenants fo’r title. Covenants usually inserted in a convey,ance ,of land, on the part of
the grantor, and bhlding him’ for the completeness” security, and continuance , of the title
transferred to the gran tee. They comprise
“covenants for seisin, for right to convey,
against incumbrances, for quiet enjoyment,
sometimes for further assurance, and almost
always of warranty.” Rawle, Cov. § 21.
-Doubtful title. See that title.
-Equitable title. An equitable title is a right
in the party to whom it belongs to have the
legal title transferred to him ; or the beneficial interest of one person whom equity re�
gards as the real owner, although the legal title is vested ,in another. Thygerson v. Whitb�ck, -5 Utah, 406, 16 P. 403 ; Beringer v. Lutz,
188 Pa. 364, 41 A. 643 ; Hegstad v. Wysiecki,
178 App. Div. 733, 165 N. Y. S. 898, 900 ;
Tanner v� ImIe (Tex. Civ. App.) 253 S. W. 665,
667 ; Street v. Cave Hill Iny. Co., 191 Ky. 422,
230 S. W. 536, 538 ; Wyatt v. Meade Gounty
Bank, 40 S. D. 111, 166 N. W. 423, 424 ; Pogue
v. Sim-;m, 47 Or. 6, 81 P. 566, 567, 114 Am. St.
Rep. 903, 8 Ann. Cas. 474 ; Karalis v. Agnew,
111 Minn. 522, 127 N. W. 440, 441 ; Joy v.
Midland State Bank of Omaha, Neb., 28 S. D.
262, 133 N. W. 276, 277 ; Harris v. Mason,
120 Tenn. 668, 115 S. W. 1146, 25 L. R. A. (N.
S.) 1101 ; Niles v. Anderson, 5 How. (MiSS.)
365, 385, quoted in Ayres v. U. S., 42 Ct. C1.
385, 413. See Equitable Estate.
-I m perfect title. One which requires a further exercise of the granting power to pass
the fee in land, or which does not convey
full and absolute dominion. Paschal v. Perez,
7 Tex. 367 ; Pa�hal v. Dangerfield,’ 37 Tex.
300 ; Lambert v. Gant (Tex. Civ. App.) 290
S. W. 548, 551.
‘ ,
-Legal title. One cognizable or enforceable
in a :C{)urt of law, or one which is complete
and perfect so ‘ far ‘as regards the apparent
right of ownership and ;possession, but which
carries no beneficial interest in’ the property,
another person ;being equitably entitled ther&
to ; I in e�ther case, the antithesis :of “equitable
title!’: W’neeler v: Ballard, 91 Kailt. 35�, ‘131
1734
P. 789, 790 ; Burnham’ v. Hardy Oil Co., 108
Tex. 555, 195 S. W. 1139, 1141 ; Houston Oil
Co. of Texas v. Ainsworth (Tex. Civ. App.)
192 S. W. 614, 617 ; Tobin v. Gartiez, 44 Nev.
179, 191 P. 1063, 1064 ; Union Tanning Co. v.
Lowe, 148 Tenn. 407, 255 S. W. 712, 714.
-Lucrative title. In the civil law, title acquired without the giving of anything in exchange for it ; the title Oy which a person
acquires anything which comes to him as a
clear gain, as, for instance, by gift; descent,
or devise. Opposed to “onerous title,” as to
which see infra.
7″Marketable title. See that title.
-Onerous title. In the civil law, title to property acquired by the giving of a valuable consideration for it, such as the payment of
money, the rendition of services, the performance of conditions, the assumption of obligations, or the discharge of liens on the property ; opposed to “lucrative” title, or one
acquired by gift br otherwise without the giving of an equivalent. ,See Scott v. Ward, 13
Cal. 471 ; Kircher v. Murray (C. C. A.) 54
F. 624 ; Yates Y. Houston, 3 Tex. 453 ; Rev.
Civ. Code IJa. 1900, art. 3556, subd. 22.
-Paper title. A title to land ev-idenced by a
conveyance or chain of – conveyances ; the
term generally implying that such title, while
it has color or plausibility, is without substantial validity.
-Pass’ive title. In Scotch law. A title incurred by an heir in heritage who does not enter
as heir in the regular way, and therefore incurs liability for all the debts of the decedent,
irrespective of the amount of assets. Paterson.
-Perfect title. Various meanings have been
attached to this term: (1) One which shows
the absolute right · of possession and of property in a particular person. Henderson v.’
Beatty, 124 Iowa, 163, 99 N. W. 716 ; Con-‘
verse v. Kellogg, 7 Barb. (N. Y.) 590 ; Wilcox
Lumber Co. v. Bullock, 109 Ga. 532, 35 S. E.
52; Donovan v. Pitcher, 53 Ala. 411, 25 Am.
Rep. 634. (2) A grant of ,land which requires
no further act from the legal authority to
constitute an absolute title to the land taking
effect at once. Hancock v. McKinney, 7 Tex.

457. (3) A title which does not disclose a
     patent defect suggesting the possibility of a
     iawsuit to defend it ; a title such as a wellinformed and prudent man paying full value
     for the property would be willing to take.
     Birge v. Bock, 44 Mo. App. 77. (4) A title
     which is good ‘ both at law and in equity.
     Warner v. Middlesex Mut. Assur 00., 21 Oonn.
458. (5) One which is good and valid beyond
     aU reasonable doubt. Sheehy v. Miles, 93
     Cat 288, 28 P. 1046 ; Reynolds v. Borel, 86
     Cal. 538, 25 P. 67. (6) A market�ble or merchantable title. ‘ Ross v. Smiley, 1B ‘Golo. app.
     204, 70 P. 766′; McCleary v. Chipman, 32 Ind.
     App. 489, 68 N. E. 32().’

small portion of one country which is entirely surrounded by the territory of another,” 1868, from French enclave, from Old French enclaver “enclose, comprise, include” (13c.), from Late Latin inclavare “shut in, lock up,” from Latin in- “in” (from PIE root *en “in”) + clavis “key” (from PIE root *klau- “hook”). Enclaved “surrounded by land owned by another” is attested in English from mid-15c., from Old French enclaver.

Many United States across the ‘americas’.

“capable of being used in place of another; capable of being replaced,” 1818, a word in law originally, from Medieval Latin fungibilis, from Latin fungi “perform” (see function (n.)) via phrases such as fungi vice “to take the place.” Earlier as a noun (1765).

Fungibility

In economics, fungibility is the property of a good or a commodity whose individual units are essentially interchangeable, and each of its parts is indistinguishable from another part. For example, gold is fungible since a specified amount of pure gold is equivalent to that same amount of pure gold, whether in the form of coins, ingots, or in other states

early 13c., “skin color, complexion,” from Anglo-French culur, coulour, Old French color “color, complexion, appearance” (Modern French couleur), from Latin color “color of the skin; color in general, hue; appearance,” from Old Latin colos, originally “a covering” (akin to celare “to hide, conceal”), from PIE root *kel- (1) “to cover, conceal, save.” Old English words for “color” were hiw (“hue”), bleo. For sense evolution, compare Sanskrit varnah “covering, color,” which is related to vrnoti “covers,” and also see chroma.

Colour was the usual English spelling from 14c., from Anglo-French. Classical correction made color an alternative from 15c., and that spelling became established in the U.S. (see -or). 

Meaning “a hue or tint, a visible color, the color of something” is from c. 1300. As “color as an inherent property of matter, that quality of a thing or appearance which is perceived by the eye alone,” from late 14c. From early 14c. as “a coloring matter, pigment, dye.” From mid-14c. as “kind, sort, variety, description.” From late 14c. in figurative sense of “stylistic device, embellishment. From c. 1300 as “a reason or argument advanced by way of justifying, explaining, or excusing an action,” hence “specious reason or argument, that which hides the real character of something” (late 14c.).

From c. 1300 as “distinctive mark of identification” (as of a badge or insignia or livery, later of a prize-fighter, horse-rider, etc.), originally in reference to a coat of arms. Hence figurative sense as in show one’s (true) colors “reveal one’s opinions or intentions;” compare colors.

In reference to “the hue of the darker (as distinguished from the ‘white’) varieties of mankind” [OED], attested from 1792, in people of colour, in translations from French in reference to the French colony of Saint-Domingue (modern Haiti) and there meaning “mulattoes.”

In reference to musical tone from 1590s. Color-scheme is from 1860. Color-coded is by 1943, in reference to wiring in radios and military aircraft. Color-line in reference to social and legal discrimination by race in the U.S. is from 1875, originally referring to Southern whites voting in unity and taking back control of state governments during Reconstruction (it had been called white line about a year earlier, and with more accuracy).

early 15c., “spiritual, immaterial,” with -al (1) and Late Latin incorporeus “without body,” from in- “not” (see in- (1)) + adjective from corpus (genitive corporis) “body” (from PIE root *kwrep- “body, form, appearance”). The Old French adjective was incorporel. Glossed in Old English as lichhaemleas (see lich).

1610s, “of a material or physical nature, not mental or spiritual,” with adjectival suffix -al (1) + Latin corporeus “of the nature of a body,” from corpus “body” (living or dead), from PIE *kwrpes, from root *kwrep- “body, form, appearance.” Meaning “relating to a material body or physical thing” is from 1660s. Related: Corporeality, corporeally.