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The Behind the Scenes When You Record Your Recored of Live Birth

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The short form BC.. or better said... CERTIFED COPY OF RECORD OF BIRTH is by definition a Deed.... "writing under seal"  .. The whole page is written , then put under seal.
 
It is a form of indenture deed, signified by the saw tooth edges of the seal that go outside the border on your copy... this signifies that there is a corresponding  part of the deed that someone else has..   .. That half I believe to be the death certificate..
 
A deed and will can be the same devise depending on how they are used... the short from BC only has one witness, and it takes at least 2 for a will...  so if you record the BC before they record the Death Certificate you end up with a living estate (inheritance)
 
The Deed you agreed to as a baby is a deed poll consisting of 3 grantors.. you, mom and dad, because you have interlocking inheritances with your ancestors..  The deed agreement was never read to you, and as it happens you can ask for it to be read to you, in a language that you understand, and if any misinterpretations happen the bad is on them.. (they can never "take" your inheritance as long as you are a living man)...
 
The short form BC when recorded (NOT REGISTERED), in a competent court of jurisdiction (In michigan it is the circuit court of the county)... and will be a court of record... as only records, are recorded... a court of record is always common law, and only a man can use common law... and as a man, you hold the office of king, and the clerk ..is a clerk..
In michginan the same person holds the office of Clerk of the County of ..........., but there door might only say County Clerk... You will know you are in the right office if they deal with birth, and death certificates..
 
Once you record the deed, some magic has to happen to rub the public off of the private and leave you will lawful title over an estate of inheritance known as MR ALL CAPS... it will no longer be seen in the public... (Sec of State gets notified), as do all other 3rd party interlopers...  You will have a civil death and not be seen in the Public system again, as long as you can forgive all that has happened,  forgive yourself, move ahead and help your brother, not charge him.....
 
So here is some of what will happen in the background.....   Remember everything they did to get you into this was by ceremony, of one kind or other...
 
(of course all this is just my opinion)
 
RECOVERY. A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. 3 Murph. 169.

SOLEMNITY. The formality established by law to render a contract, agreement, or other act valid.

2. A recovery is either true or actual, or it is feigned or common. A true recovery, usually known by the name of recovery simply, is the procuring a former right by the judgment of a court of competent jurisdiction; as, for example, when judgment is given in favor of the plaintiff when he seeks to recover a thing or a right.  (this is the court of record of any county... and in michigan is the circuit court of the county..)...

3. A common recovery is a judgment obtained in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in such suit. Bac. Tracts, 148.

4. Common recoveries are considered as mere forms of conveyance or common assurances; although a common recovery is a fictitious suit, yet the same mode of proceeding must be pursued, and all the forms strictly adhered to, which are necessary to be observed in an adversary suit.

1. An opponent; an enemy.
2. Adversary The Devil; Satan. Often used with the.
 

The first thing therefore necessary to be done in suffering a common recovery is, that the person who is to be the demandant, and to whom the lands are to be adjudged, would sue out a writ or praecipe against the tenant of the freehold; whence such tenant is usually called the tenant to the praecipe. In obedience to this writ the tenant appears in court either in person or by his attorney; but, instead of defending the title to the land himself, he calls on some other person, who upon the original purchase is supposed to have warranted the title, and prays that the person may be called in to defend the title which he warranted, or otherwise to give the tenant lands of equal value to those he shall lose by the defect of his warranty.

Definition of DEMANDANT archaic : the plaintiff in a real action one who makes a demand or claim

REAL. A term which is applied to land in its most enlarged signification

 

This is called the voucher vocatia, or calling to warranty. The person thus called to warrant, who is usually called the vouchee, appears in court, is impleaded, and enters into the warranty by which means he takes upon himself the defence of the land. The defendant desires leave of the court to imparl, or confer with the vouchee in private, which is granted of course. Soon after the demand and returns into court, but the vouchee disappears or makes default, in consequence of which it is presumed by the court, that he has no title to the lands demanded in the writ, and therefore cannot defend them; whereupon judgment is given for the demandant, now called the recoverer, to recover the lands in question against the tenant, and for the tenant to recover against the vouchee, lands of equal value in recom-pense for those so warranted by him, and now lost by his default.

 

This is called the recompense of recovery in value; but as it is, customary for the crier of the court to act, who is hence called the common vouchee, the tenant can only have a nominal, and not a real recompense, for the land thus recovered against him by the demandant. A writ of habere facias is then sued out, directed to the sheriff of the county in which the lands thus recovered are situated; and, on the execution and return of the writ, the recovery is completed. The recovery here described is with single voucher; but a recovery may, and is frequently suffered with double, treble, or further voucher, as the exigency of the case may require, in which case there are several judgments against the several vouchees.

5. Common recoveries were invented by the ecclesiastics in order to evade the statute of mortmain by which they were prohibited from purchasing or re-ceiving under the pretence of a free gift, any land or tenements whatever. They have been used in some states for the purpose of breaking the entail of estates. Vide, generally, Cruise, Digest, tit. 36; 2 Saund. 42, n. 7; 4 Kent, Com. 487; Pigot on Common Recoveries, passim.

6. All the learning in relation to common recoveries is nearly obsolete, as they are out of use. Rey, a French writer, in hiswork, Des Institutions Judicaire del'Angleterre, tom. ii. p. 221, points out what appears to him the absurdity of a common recovery. As to common recoveries, see 9 S. & R . 330; 3 S. & R. 435; 1 Yeates, 244; 4 Yeates, 413; 1 Whart. 139, 151; 2 Rawle, 168; 2 Halst. 47; 5 Mass. 438; 6 Mass. 328; 8 Mass. 34; 3 Harr. & John. 292; 6 P. S. R. 45,    

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July 1, 2011