Ensminger v. Farm Credit Bank & First National Bank

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This is WHY you do NOT want to be a 14th amendment citizen....
especially IF you are requested to "appear" in court.

Tenth Circuit Court of Appeals - Order & Judgment*

Ensminger v. Farm Credit Bank & First National Bank

Understanding the Decision

After reviewing the Ensminger case and discussing it with Mr. Ensminger, this narrative has been prepared to summarize the Ensminger case and the Tenth Circuit decision.

Mr. Ensminger, with a foreclosure case in progress in a state District court in Oklahoma, filed a suit in Federal District court for the Western District of Oklahoma to establish superior title to the property being foreclosed on. He was attempting to force the Federal District court to convene as a court "in" law for the purpose of establishing that he, through land patent, had the highest title to his property. It should be noted that this was an entirely new case and had nothing to do with the foreclosure case in the state court.


As a matter of strategy, the laws he cited to create a federal question for the Federal District court were the patent laws of the U.S. dealing with "intellectual patents", or patents on inventions. As expected, the two banks moved to dismiss for lack of subject matter jurisdiction because the laws cited had nothing to do with land patents. The District court agreed with the banks' motions and dismissed the case for lack of subject matter jurisdiction, again, as expected.


As soon as the District court dismissed the case Mr. Ensminger filed a notice of appeal. He did not, however, proceed with the appeal at that point and the time to File the appeal expired. He then received a letter from the Tenth Circuit court (on their own initiative) approximately two months later informing him that they were "extending his time to file an appeal." The Tenth Circuit court was, in essence, asking him to proceed with his appeal! This is unheard of in normal appellate procedure! So he proceeded with the appeal.


Prior to the appeal the case was heard in the court of the people, the Common Law Court, and this court's decision was filed with the appeal to the Tenth Circuit court. (NOTE: Mr. Ensminger first declared quiet title on himself, thereby extricating himself from the "federally privileged or 14th amendment citizen" status, allowing him to have his case heard in the proper venue.)


The Tenth Circuit court affirmed the ruling of the District court that it did not have subject matter jurisdiction to hear a case for higher title to land. They did not, however, leave it at simply affirming the decision. They issued an Order and Judgment which is almost unheard of for an appeals court. The key to understanding this as a victory as follows.


The Tenth Circuit decision, entitled ORDER AND JUDGMENT, contains three very important issues.


It is a fact by statute and by case law that a court of equity does not have jurisdiction to determine legal or highest title to property. It can only determine who has equitable interest. As stated on the second page of the order. Mr. Ensminger was trying to establish that he had the highest title and the court knew that it did not have jurisdiction on the title issue as it refused to convene as a court "in" law.


The order, on the second page, contains the phrase ".. the facts of the courts original jurisdiction, exclusive to the people, did speak, and was placed into evidence." By quoting this statement from the decision of the COMMON LAW COURT, the court of the people, the Tenth Circuit court recognized the decision, venue and jurisdiction of the COMMON LAW COURT!


Most important is to follow the asterisk behind the ORDER AND JUDGMENT* to the bottom of the first page to read the statement to which it refers. It says "This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel." (Emphasis added) This means that it is binding precedent for res judicata which means that it has already been decide by a court of competent jurisdiction and collateral estoppel which means the opponent cannot bring it up again.


What court of competent jurisdiction made a decision? The only court involved in this case that made any kind of decision was the Common Law Court. The District court dismissed for lack of jurisdiction and the Tenth Circuit affirmed. Therefore, the doctrine of res judicata in this case could only apply to the Common Law Court.


Since the Common Law Court cannot be reviewed, the Tenth Circuit could not state that they affirmed that decision. All they could do was to affirm the District court's dismissal for lack of jurisdiction. But, by quoting from the Common Law Court's decision and establishing that res judicata exists, the Tenth Circuit has agreed with the Common Law Court. The People Have Spoken! The implications of this are truly astounding!


Mr. Ensminger is now in the process of going back to the state court with the Common Law Court decision to remove the case from them and render their judgment null and void.


To add to the validity of this understanding of the Tenth Circuit decision it is important to note that there have been other successes incorporating this decision into a judicial notice to the other courts, and removing these cases to the venue of the Common Law Court. In one such case, James A. Elliott & United States Bankruptcy Court for the Western District of Oklahoma, the bankruptcy court agreed with the Common Law Court's decision and ordered that Mr. Elliott receive all of his property back even though it had been sold and taken from his possession.


It is clear that, as more people become involved with the Common Law Court and more cases are heard, we will see more and more success in being able to remove ourselves from the oppression and tyranny of the de facto U.S. "system" and more firmly establish the authority of the people through the Common Law.


See,  52 F.3d 337


Certification of Federally Privileged Status

Section 1 • Instructions to Company or Organization

Under the provisions of the Internal Revenue Code of 1986, employers are required to make proper determination of the federally privileged status of certain employees. If Section 2 below has been completed, the worker named on line 1a has requested that you provide the information required by this form for the purpose of determination of federally privileged status. (This determination may also be proactively initiated by the company or organization on the worker's behalf.) Please complete and sign Section 3 below certifying the correct determination, positive or negative, of federally privileged status. Provide one signed copy of this form to the worker and retain one signed copy for the worker's permanent file.

DEFINITION OF "FEDERALLY PRIVILEGED WORKER": The term "federally privileged worker" includes an officer, employee, or elected official of the United States, a federal territory, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "federally privileged worker" also includes an officer of a corporation.

DEFINITION OF "FEDERALLY PRIVILEGED ACTIVITY": The term "federally privileged activity" means any service, of whatever nature, per-formed (1) within the federal territory, or under a contract which is entered into within the federal territory, or if the employee is employed on an American vessel or American aircraft; or (2) if it is service which is designated or recognized under an agreement entered into under section 233 ("International Agreements) of the Social Security Act; or (3) as an employee of a person who is, or for an employer which is, (a) the United States or any instrumentality thereof, (b) an individual who is a resident of the federal territory, (c) a partnership or a trust, if two-thirds or more of the partners or trustees are residents of the federal territory, or (d) a corporation organized under the laws of the federal territory or any federal territory.

DEFINITION OF "FEDERAL TERRITORY": The term "federal territory" includes and shall be construed to include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (The term "includes" shall not be deemed to exclude other things, districts, possessions, territories, etc., otherwise within the meaning of the term defined.)

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