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The quantity of the estate the Prophet Noble Drew Ali as trustor put in the
express trust he created for
the Moors in 1928 is a fee simple estate; sometimes called a fee simple
absolute.
The term "fee simple" defines the largest estate in land known to the law
and necessarily implies absolute
dominion over the land. There can be only one estate in fee simple to a
particular tract of land.
An estate in fee simple may be had either in corporeal or incorporeal
hereditaments. A grant of the fee simple, however, carries with it
everything within or belonging to the land, in the absence of exception
or reservation.
Since an estate in fee simple implies absolute sovereignty over the
land, the power of alienation is necessarily and
inseparably incidental thereto, and an unlimited condition of restraint
of alienation attached to such an estate is void.
In some jurisdiction the definition of a fee simple estate is statutory.
Some of the authorities define the estate from
the standpoint of defining the owner or holder thereof, and likewise
disclose the unlimited duration of a fee simple interest
by stating that a tenant in fee simple is one who has lands or tenements
to hold to him and his heirs forever. 28 Am Jur 2d, Sec. 10, p.82.
In the United States the common-law rule requiring words of inheritance
in a conveyance to pass a fee simple has never been applied to
conveyance to a trustee. The estate taken by a trustee is measured by
the trust, and not by the presence or absence of words of inheritance.
Hence in any particular grant to a trustee if a fee simple title is
necessary to the performance of the trust, a fee simple passes, even
though
the word "heirs" was not used in the conveyance. DeHaven v. Sherman, 131
Ill 115, 22 NE 711. Also, see 28 Am Jur 2d, sec. 15, p. 91.
Our Rights to this prosperity have been duly vested in us by the trustor,
and, vested property rights are constitutionally protected.
Constitutional Guaranties;
“A vested right, within the meaning of the provision that vested rights
are within the protection of constitutional guaranties, has been defined
as an immediate fixed right of present enjoyment, or a present fixed
right of future enjoyment".28 Am Jur 2d, Sec. 6, p.76.
Therefore, you true heirs and rightful owner, have the right to it
according to the authority of the Prophet (Our Authority) and the laws
under which the trust was created and the constitution of the United
States.
A right is "vested" when there is an ascertained person with a present
right to present or future enjoyment in the United States
Except in one or two states, property in the various American jurisdiction,
by virtue of state constitutional provision, organic-territorial acts
incorporated into the legal systems of states subsequently organized,
statutes, and decisions of the courts, is determined to be held allodially,
in
absolute and direct dominion, subject only to escheat in the event of
failure of successors in ownership. Feudal tenures do not and cannot exist.
As the Supreme Court has held: the holding of real property by the owner in
fee simple in this country is from the state as chief lord or lord
paramount. United states v. DeRepentigny, 5 Wall US 211, 18 L ed 627. Also,
see 28 Am Jur 2d, Sec. 4, p. 74.
After the Prophet created the express trust, he then held the meeting and at
that meeting, he told the Moors: "I brought you everything it takes to save
a nation, take it and save yourself (in which he was holding up the Moorish
Holy Koran" and "Our Authority".) At that time our rights to the land had
duly vested in us.
a. If a right in property is actually vested, constitutional guaranties
protect it from such retrospective legislation as would impair it. 28 Am Jur
2d, Sec.6, p.76
EJECTMENT OR POSSESSORY ACTION;
Generally speaking, whatever show that the plaintiff is not entitled to the immediate possession of the premises claimed constitutes a good and valid defense in an action to recover possession.
Rightful possession is a defense in ejectment. Bradley v. Lightcap, 195
US 1, 49 L ed 65, 24 S ct 748.
Since the plaintiff in an action of ejectment must, as a general rule,
recover, if a recovery may be had, on the strength of his own title, and
not from the weakness or want of title of his adversary, the defendant,
unless estopped from controverting the plaintiff's title, may rest on
his possession and attack the title under which the plaintiff claims.
Smith v. McCann (US) 2 How 398, 16 L ed 714. Also, see 25 Am Jur 2d sec.
57, p. 579.
The defendant in ejectment can never defend his possession against the
plaintiff upon a title in himself by which he could not recover the
possession if he was out and the plaintiff in possession. Hickey v. Stewart
(US) 3 How 750. 11L ed 814.
Where one in the actual possession of property defends his right of
possession upon the ground that the government, state or national, has
placed him in possession, he must show that the right of the government is
paramount to the right of plaintiff otherwise judgment will go against him.
Scranton v. Wheeler, 113 Mich 565, 71 NW 1091, affd 179 US 141, 45 L ed 126,
21 S Ct 48. Also, see 25 Am Jur 2d sec. 22, p. 556.
In accordance with the rule that courts of law take no cognizance of equitable estates and deal only with legal titles, it is held that in the absence of statute to the contrary, the plaintiff in an action of ejectment or other similar action must, whenever the action depends upon the title, and not upon some relation or agreement between the parties affecting the right of possession, have a legal title to the property the possession of himself cannot avail as a basis for recovery. If the plaintiff has only equities, they must be presented and considered on the equity side of the court. The legal title is all that is in issue, and such title, when ascertained, whether in the plaintiff or in the defendant, draws to it the judgment of the court. Walton v. Malcolm, 264 Ill 389, 106 NE 211. Also, see 25 Am Jur 2d, sec. 18, p. 552-553.
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