The Minnesota Credit River Decision will set you free! Your house is yours NOW! So is your car,boat and everything else you have on credit.

The Minnesota Credit River Decision
[2.23.08 Beginning of transcribed document.]

STATE OF MINNESOTA IN JUSTICE COURT
COUNTY OF SCOTT TOWNSHIP OF CREDIT RIVER
MARTIN V. MAHONEY, JUSTICE
First National Bank of Montgomery,
Plaintiff
vs. JUDGMENT AND DECREE

Jerome Daly, Defendant.
The above entitled action came on before the Court and a Jury of 12 on December 7, 1968 at
10:00 A.M. Plaintiff appeared by its President Lawrence V. Morgan and was represented by its
Counsel Theodore R. Mellby. Defendant appeared on his own behalf.

A Jury of Talesmen were called, impanneled [sic] and sworn to try the issues in the Case. Lawrence V. Morgan was the only witness called for Plaintiff and Defendant testified as the only witness in his own behalf.

Plaintiff brought this as a Common Law action for the recovery of the possession of Lot 19 Fairview Beach Scott County,Minn [sic]. Plaintiff claimed title to the Real Property in question by foreclosure of a Note and Mortgage Deed dated May 8, 1964 which Plaintiff claimed was in default at the time foreclosure proceedings were started.

Defendant appeared and answered that the Plaintiff created the money and credit upon its own books by bookkeeping entry as the consideration for the Note and Mortgage of May 8, 1964 and alleged failure of the consideration for the Mortgage Deed and alleged that the Sheriff's sale passed no title to Plaintiff.

The issues tried to the Jury were whether there was a lawful consideration and whether Defendant had waived his rights to complain about the consideration having paid on the Note
for almost 3 years. Mr. Morgan admitted that all of the money or credit which was used as a consideration was
created upon their books, that this was standard banking practice exercised by their bank in combination with the Federal Reserve Bank of Minneapolis, another private Bank, further that he knew of no United States Statute or Law that gave the Plaintiff the authority to do this.
Plaintiff further claimed that Defendant by using the ledger book created credit and by paying on the Note and Mortgage waived any right to complain about the Consideration and that the Defendant was estopped from doing so.
At 12:15 on December 7, 1968 the Jury returned a unanimous verdict for the Defendant.

Now therefore, by virtue of the authority vested in me pursuant to the Declaration of
Independence, the Northwest Ordinance of 1787, the Constitution of United States and the
Constitution and laws of the State of Minnesota not inconsistent therewith;

IT IS HEREBY ORDERED, ADJUDGED AND DECREED;
1. That the Plaintiff is not entitled to recover the possession of Lot 19, Fairview Beach, Scott
County, Minnesota according to the Plat thereof on file in the Register of Deeds office.

2. That because of failure of a lawful consideration the Note and Mortgage dated May 8, 1964
are null and void.

3. That the Sheriff's sale of the above described premises held on June 26, 1967 is null and
void, of no effect.

4. That the Plaintiff has no right, title or interest in said premises or lien thereon, as is above
described.

5. That any provision in the Minnesota Constitution and any Minnesota Statute limiting the
Jurisdiction of this Court is repugnant to the Constitution of the United States and to the Bill of
Rights of the Minnesota Constitution and is null and void and that this Court has Jurisdiction to
render complete Justice in this Cause.

6. That Defendant is awarded costs in the sum of $75.00 and execution is hereby issued
therefore.

7. A 10 day stay is granted.

8. The following memorandum and any supplementary memorandum made and filed by this
Court in support of this Judgment is hereby made a part hereof by reference.
BY THE COURT
Dated December 9, 1968 [Signed:]
MARTIN V. MAHONEY
JUSTICE OF THE PEACE
Version 1.0-release 230/688 Finality of Settl

Last Edited by Rose Croix on 02/03/2011 01:28 PM