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WritOfExecution BK CourtFormForSheriff
WritOfExecution BK CourtFormForSheriff
Clerk of Court,
You will process the attached 2 - WRITS OF EXECUTION for the retrieval of the BAILMENTS
placed on Trust Deposit with the US BANKRUPT -- BAILEE: held as the "UNITED STATES –
PATRICK DEVINE DTC/C£DE & Co.; CUSIP # ____________ account".
If the Territorial Limits prevent the District U.S. Marshalls and the U.S. Secret Service from
performing the required Task; then you will immediately inform me of the corr«ct Clerks Office
or you will Forward the Writ to them to process.
__________________________________________
Signature of Judgement Creditor/Equity Grantor
“the True Bailor”
• 2 -WRITS OF EXECUTlON.
• My Private Judgment “US Bailment Equity – Re-Entry Case # ___________.
Page 1 of 1
UNITED STATES BANKRUPTCY COURT
FOR THE ___________________________
In the Matter of: BAILMENT RE-ENTRY Case No.: ____________
A Substantial Adverse Claim
____________________________________________________
Plaintiff
vs.
____________________________________________________
Defendant.
WRIT OF EXECUTION
Name and Address of
Judgment Creditor/True Bailor Amount of Judgment: $ ________
_______________________________
Sheriff of ____________ County
BY: ___________________________
Deputy Sheriff
ATTACHED INSTRUCTIONS
(A True Bailor's Judgment Action, as a Re-Entry BAILMENT for Conditions Broken.)
SUBSTANTIAL ADVERSE CLAIM
(to be attached to and part of the WRIT OF EXECUTION)
Amount of Judgment
You are hereby ordered to [specify whether a BAILMENT garnishment, an execution on property
or some other act is sought]:
You will issue a WRIT OF EXECUTION in the Substantial adverse claim case of:
(List Plaintiff/True Bailor's Name Below:) vs. (List Defendant/BAILEE'S Names Below:)
Payment Information:.
(Name of Person to Receive Payment)
(Address)
(City, State and Zip Code)
STUD Y what vou are doing and understand the WORDS and the TRUE LAW.
1. Complete the information above the first set of double lines on page one of the Writ of Execution
and all of the information on page two.
3. Return the original and two copies of the completed Writ of Execution along with the original
Praecipe to the Clerk's office.
4. Upon receipt of the complete Writ and Praecipe, the C\erk's office will sign and seal the Writ and
return the copies to you.
Re-entry: The return of one previously in the country as a resident alien after a period of voluntary
absence from the country, however brief. Bonetti v Rogers, 356 US 691,2 I. Ed 2d l 087, 78 S Ct 976
(32 Tulane L Rev 778). A formal entry upon the leased premises by the lessor upon a declaration hy
him of a forfeiturc of the lease. 32 Am Jlst L & T § 87(). The resumption of possession pursuant to a
rigbt reserved when the former Possession was parted with. A remedy given by the feudal law for non-
payment of rent, but so ancient that its origin has never been traced.
“If” runs the old law, ''a man makes a feoffment. Gift,. or lease reserving rent,. with a condition that if
the rent be behind, it shall be lawful for the feoffor and his heirs to re-entcr. if the rent be behind, the
feoffor or lessor may enter into the lands and hold them in his former estate." Michaels v Fisnel, 169
NY 3&1, 3SS, 62 NE 425.
See re--entry for condition broken.
RE-ENTRY FOR CONDITION BROKEN: The interest which remains in the grantor or his
successors, or the successors of a testator, where an estate on condition subsequent has been created. 28
Am J2d Est §§ 188 et seq. Actually, a Power of Termination rather than a substantial estate. 28 Am
J2d Est§ 189.
Replevin: .An action in which the owner or one who has a general or special property in a thing taken
or detained by another, seeks to recovcr possession in specie, and sometimes the recovery of damages
as an incident of the cause. 46 Am J1st Replev § 2. The writ authorizing the seizure of the property by
the officer to whom it is directed. In some jurisdictions a written requisition subscribed by the plaintiff's
attorney directing the sheriff to seize certain described property. 46 AmJlst Replev § 79.
SUBSTANTIAL ADVERSE CLAIM: A claim which is real and actual, distinguished from one
which is merely colorable. A claim disclosing a contested matter of right involvng at least a fair doubt
and reasonable room for controversy in matters of law or fact. Harrison v Chamberlin, 271 US 191 701
Ed 897. 46 S Ct 467 (claim sufficient to deprive court of bankruptcy of constructive possession of
property).
Adverse claim.: As respects adverse possession, a claim to possession which is hostile to the true
owner. A claim to property by one in possession thereof asserted against a trustee of receiver in
bankrupty. 9 Am Jld Bankr §§ 5052.
Power of Termination: The interest which remains in the grantor or his successors, or thc successots
of a testator, where an estate on condition subsequent has been created,. such being a right of re-entry
for condition broken. 28 Am J2d Est§§ 188 et seq.
COURT. An organ of the government consisting of one person, or of several persons,. called upon and
authorized to administer justice; a place where justice is judicially administered. 20 Am J2d Cts § 1;
judge and jury combined. Welch v Welch (Tex Civ App) 369 SWd 434.
The three elements essential to the conception of a court. are:
(1) a time when judicial functions may be exercised.
(2) a place for the exercise of judicial functions and
(3) a person or persons exercising judicia1 functions.
Hamblin v Superior Court, 195 Cal 364, 233 P 337,43 AL.R 1509. In many cases, the words "court"
and ''judge" are used interchangeably. 30A Am J Rev ed Judges § 4.
(1) In a general sense., the abstract right of a court to exercise its powers in causes of a certain class; [a
government court granted its power by valid "Republic" laws of BAILMENT.]
(2) in a particular sense. the right of a tribunal to exercise its power with respect to a particular matter.
In other words, the power of the court over the subject matter, over the res or property in contest, and
for the rendition of the judgment or decree the court assumes to make. 2D Am J2d Cts §§ 87, 88.[This
is where you come in as the Court; as the True Bailor. A Court of Bailment]