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Judicial Activism


American Minute with Bill Federer

Judicial Activism: Why Justices should NOT Usurp Power & Make Laws





Yale President Ezra Stiles stated in 1783:


"Most states of all ages ... have been founded in rapacity, usurpation and injustice ...


The Nimrods ... (were) the first invading tyrants of the ancient ages ... The spirit of conquest had changed the first governments ...


All succeeding ones have in general proved one continued series of injustice, which has reigned in all countries for almost 4,000 years."


Read as PDF ...






The first invention was the plow. The Bible tells of Cain being a "tiller of the soil."


Then people started hitting each other with and they turned into weapons.


British philosopher Thomas Hobbes, in Leviathan (1651), wrote of man in his primitive state:


"Every man is enemy to every man ... Men live without other security than what their own strength ... (There was) ... no culture ... no society ...


And worst of all, continual fear, and danger of violent death ... The life of man (was) solitary, poor, nasty, brutish, and short."





Insecurity for life and property caused people to gravitate together for protection.


When people who are threatened get together for mutual protection, one of them knows how to fight better than the rest, and everyone says, you be our captain to organize our defense.


The Book of Judges, chapter 10, gives an example of this:


"When the children of Ammon made war against Israel, the elders of Gilead went… unto Jephthah, 'Come, and be our captain, that we may fight with the children of Ammon.'"





When a captain organizes people to fight and they win, everyone tends to show preference to the captain's family.


The Book of Judges, chapter 8, has the account:


"Then the men of Israel said unto Gideon, 'Rule thou over us, both thou, and thy son, and thy son's son also: for thou hast delivered us from the hand of Midian.'"


Over time, the sons and grandsons claim to be an elite family, a political machine, giving out favors to their supporters and ostracizing their opponents.


Inevitably, one family member begins to act as a political boss, a gang leader, a despot, ... a king.





Even if a king concentrates power for the purpose of doing good more efficiently, after he dies, that power is passed on to his descendants who are tempted to use it oppressively.


The Book of Genesis, chapters 37-50, Joseph in Egypt helped concentrate power into the hands of the Pharaoh who used it for good, providing food for the children of Israel, giving them the best land of Goshen, and even employing them to care for his cattle.


But then there was a new Pharaoh "who did not know Joseph," and he used the concentrated power to oppress the children of Israel, making them throw their sons into the Nile River.





Boasting of concentrated power, King James I told Parliament in 1609:


"Kings are not only God's lieutenants upon earth and sit upon God's throne, but even by God himself they are called gods ...


Kings are compared to the head ... of the body of man ...


It is sedition in subjects to dispute what a king may do in the height of his power ...


The king is overlord of the whole land, so is he master over every person that inhabiteth the same, having power over the life and death of every one of them ... so the power flows always from himself."





France's Louis XIV, the "Sun King," reportedly stated:


"It is legal because I wish it";




"I am the State" ("L'État, c'est moi").





Santa Anna declared himself Mexico's dictator-for-life and insisted he be addressed by the title "Most Serene Highness."


He wrote to U.S. minister to Mexico, Joel R. Poinsett:


"A hundred years to come my people will not be fit for liberty ... a despotism is the proper government for them."





Webster's 1828 Dictionary defines:



1. Absolute power; authority unlimited and uncontrolled by men, constitution or laws, and depending alone on the will of the prince; as the despotism of a Turkish sultan.


2. An arbitrary government, as that of Turkey and Persia (Iran)."





Thomas Jefferson wrote to William Jarvis, September 28, 1820:


"You seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the DESPOTISM of an oligarchy ..."





Jefferson continued:


"Our judges are as honest as other men, and not more so .... and their power (is) the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control.


The Constitution has erected NO SUCH SINGLE TRIBUNAL, knowing that to whatever hands confided, with corruptions of time and party, its members would become DESPOTS."





Thomas Jefferson wrote to Abigail Adams, September 11, 1804:


"Nothing in the Constitution has given them (judges) a right to decide for the Executive, more than to the Executive to decide for them ...


The opinion which gives to the judges the right to decide what laws are constitutional ... not only for themselves in their own sphere of action, but for the legislature and executive ... would make the judiciary a DESPOTIC BRANCH."





On OCTOBER 15, 1788, James Madison warned:


"As the COURTS are generally the last in making the decision, it results to them, by refusing or not refusing to execute a law, to stamp it with its final character.


This makes the Judiciary department paramount in fact to the Legislature, which was NEVER intended and can NEVER be proper."





On OCTOBER 15, 1991, the U.S. Senate confirmed Clarence Thomas as a Justice on the Supreme Court.


When questioned during the hearings by Senator Thurmond regarding judicial activism, Clarence Thomas replied:


"The role of a judge is a limited one. It is to ... interpret the Constitution, where called upon, but AT NO POINT to impose his or her will or ... opinion in that process."





Alexis de Tocqueville, author of Democracy in America, 1835, warned:


"The President, who exercises a limited power, may err without causing great mischief in the State.


Congress may decide amiss without destroying the Union, because the electoral body in which Congress originates may cause it to retract its decision by changing its members.


But IF THE SUPREME COURT is ever composed of IMPRUDENT MEN or BAD CITIZENS, the Union may be plunged into ANARCHY or CIVIL WAR."





The Union was plunged into a Civil War by Democrat appointed Justice Roger Taney, who gave the Supreme Court's infamous Dred Scott decision in 1857 that slaves were not citizens, but property.





President Abraham Lincoln alluded to this decision in his First Inaugural Address, March 4, 1861:


"I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court ...


The candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made ... THE PEOPLE will have CEASED to be THEIR OWN RULERS,


having to that extent practically resigned their Government into the hands of the eminent tribunal."

Supreme Court Ruling on "just compensation" in EMINENT DOMAIN



43 So.2d 113 (1949)


Supreme Court of Alabama.

October 20, 1949.

As Modified on Denial of Rehearing December 1, 1949.

BROWN, Justice.

This is a bill by a property owner in possession whose title is not in dispute against the County of Pickens, B. G. Robison, [43 So.2d 114]

     There is no pretense that said right of way was condemned by the county under its power of EMINENT DOMAIN. Code of 1940, Tit. 12, §§ 198, 199.

     If the county through its duly constituted authorities without the consent of the landowner whose title and possession is not disputed takes or undertakes to appropriate private property for public use, a court of equity will intervene and require just compensation to be made. East & W. R. Co. of Alabama et al. v. East Tennessee, V. & G. R. Co., 75 Ala. 275.

We quote from the opinion of the court: "* * *

     `Municipal and other corporations and individuals, invested with the privilege of taking private property for public use, shall make just compensation for the property taken, injured or destroyed, by the construction or enlargement of its works, highways or improvements, which compensation shall be paid before such taking, injury or destruction.'

     It is most essential to the preservation of the rights of private property, to the protection of the citizens, and to the preservation of the best interests of the community, that all who are invested with the right of eminent domain, with the extraordinary power of depriving persons, natural or artificial, without their consent, of their property, and its possession and enjoyment, should be kept in the strict line of the authority with which they are clothed, and compelled to implicit obedience to the mandate of the Constitution.

     A court of equity will intervene to keep them within the line of authority, and to compel obedience to the Constitution, because of the necessity that they should be kept within control, and in subjection to the law, rather than upon the theory that they are trespassers, or that the injury which they are inflicting is irreparable. * * *" East & W. R. Co. of Alabama v. East Tennessee V. & G. R. Co., 75 Ala. 275, 281.



NOTE: Title to the Holman House in Ozark is held without dispute by H. J. Mizell.

Darkness to Light, Temporary to Eternal Adrian Rogers






The Warfare of Prayer


Luke 10:17-19





We are grateful for the opportunity to provide this outline produced
from a sermon preached by Adrian Rogers while serving as
pastor of Bellevue Baptist Church in Memphis, Tennessee.
This outline is intended for your personal, non-commercial use.


In order to ensure our ability to be good stewards of Adrian Rogers’ messages,
Love Worth Finding has reserved all rights to this content.


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Copyright ©2021 Love Worth Finding Ministries, Inc.




    1. a)When we were born again, we were born to win.
      1. i)We have become spiritual freedom fighters in God’s invasion army.
    2. b)We are in a battle.
      1. i)We are in a fight to the finish against a sinister foe with no holds barred.
      2. ii)We cannot be neutral, and we cannot call a truce.
      3. iii)The victory is ours in the Lord Jesus Christ.
    3. c)Luke 10:17-19
      1. i)The Lord Jesus had commissioned seventy to go out and preach.
        1. (1)He gave them authority, and the seventy came back with great joy.
      2. ii)The word “devils” in this passage literally means “demons.”
      3. iii)The word “power” is used twice here in the King James, but there are two different words for “power” in the Greek.
        1. (1)The first word for “power” in this passage means “authority.”
          1. (a)It may be translated, “Behold, I give you authority over all the power of the enemy.”
    4. d)The battle is not ours, but it is the Lord’s.
      1. i)2 Chronicles 20:15
    5. e)Today’s message will share three things about kingdom authority.


  1. 2)kingdom authority has been sovereignly established
    1. a)“Authority” is the power or the right to command, to act, to enforce obedience, or to make final decisions; jurisdiction or to rule.
      1. i)It is also power as delegated to another; authorization.
        1. (1)In essence, “He or she has my authority to do it.”
    2. b)All authority is rooted in God and comes from God.
      1. i)Kingdom authority has been sovereignly established.
    3. c)When God created Adam and Eve, He placed them in the Garden of Eden and gave them dominion over all the Earth.
      1. i)Genesis 1:26-28
    4. d)But Adam and Eve sinned and yielded their dominion to Satan.
      1. i)They became slaves of Satan.
      2. ii)Satan became the god of this world.
    5. e)The Lord Jesus, the second and last Adam, came to this Earth as a man and bought back Adam’s lost estate.
      1. i)This dominion was legally lost and was righteously regained.
        1. (1)Lost by a man, the first Adam.
        2. (2)Regained by a man, the second Adam who is Jesus.
      2. ii)Hebrews 2:14
        1. (1)“Children” refers to us.
          1. (a)We live in flesh and blood bodies.
          2. (2)“He also Himself” refers to Jesus.
            1. (a)Jesus also took part in flesh and blood when he was born.
            2. (b)When Jesus died, He paid the penalty of sin and took the dominion from Satan and gave it back to us.
              1. (i)1 John 3:8
    6. f)Colossians 2:13-15
      1. i)The word “quickened” means “made alive.”
    7. g)We, being slaves, were in bondage; but Jesus came to set the captives free.
      1. i)We were in bondage to spiritual death.
        1. (1)Colossians 2:13
        2. (2)If you are not a Christian, spiritually, you are dead.
        3. (3)We were not just sick in our sins, but we were dead.
        4. (4)Through the death of Jesus, we receive life and deliverance from the bondage of spiritual death.
      2. ii)We were in bondage to staggering debt.
        1. (1)Our sins are a debt that must be paid.
          1. (a)Heaven has sued us for damages.
          2. (2)We are in debt because of our sins.
          3. (3)Jesus paid the debt on the cross.
          4. (4)Colossians 2:14
            1. (a)In Bible times, a handwriting of ordinance would be written against a person accused of a crime.
              1. (i)His indictment would be written down.
              2. (b)This handwriting of ordinance would be delivered to a judge.
              3. (c)There would be a trial; and if he were found guilty, then they would write the penalty of his crime on a certificate of debt.
                1. (i)They would write the debt that was due.
                2. (d)This person would then be put into prison, and this certificate of debt would be nailed to the prison door, telling what he had done and what the judge had sentenced him to and what he must pay.
                3. (e)Once the sentence had been fulfilled, this handwriting of ordinance would be taken back to the judge or king, and he would write on it, “Tetelestai.”
                  1. (i)This word literally means “finished,” “paid in full.”
                4. (f)The judge then gives the man that certificate so that if anyone were to accuse him of the same crime, he could show them the certificate that proves his debt was paid.
                5. (g)If a man was to be crucified, they would take the certificate of debt and nail it to the cross.
                  1. (i)When Jesus was crucified, there was a certificate of debt nailed to the cross above His head.
                    1. 1.Jesus, King of the Jews.
                    2. 2.Jesus was dying for insurrection.
                      1. a.He claimed to be the King of the Jews.
            2. (5)Almighty God took every sin from all of the ages and nailed them to the cross of Jesus.
              1. (a)When Jesus died and bowed His head, He said, “Tetelestai” ““paid in full.”
            3. (6)Satan is the accuser of the brethren.
              1. (a)Revelation 12:10
              2. (b)He will accuse us to God; but then our attorney, the Lord Jesus, appears with His certificate of debt showing that our sins are paid in full.
                1. (i)Colossians 2:14
                2. (c)Romans 8:33
            4. (7)Not only have we been brought out of bondage from our spiritual death, but we have been brought out of bondage from our staggering debt.
      3. iii)We were in bondage to satanic dominion.
        1. (1)Colossians 2:15
        2. (2)When Jesus died on the cross, He ruined Satan.
          1. (a)Satan has been spoiled.
            1. (i)The word “spoiled” in Colossians 2:15 literally means “to strip.”
              1. 1.It has the idea of disgrace; as in, when a military officer is being disgraced and is stripped of his medals.
              2. 2.It actually meant “to take the hide from an animal.”
              3. (b)Satan has been shamed.
                1. (i)Colossians 2:15
                  1. 1.“Made a show of them openly.”
                  2. 2.He has been humiliated.
                  3. (ii)Satan has been stripped of his royal regalia.
                    1. 1.He had dominion.
                    2. 2.But when Jesus died on the cross, He stripped Satan of that and then made a show of him openly.
                    3. (iii)The emperor has no clothes.
                2. (c)Satan has been subdued.
                  1. (i)Colossians 2:15
                    1. 1.“Triumphing over them in it.”
                      1. a.This refers to Jesus’ death on the cross.
      4. iv)Our enemy has been stripped, shamed and subdued by mighty Calvary.
        1. (1)Hebrews 2:14
    8. h)We should not let the devil intimidate us anymore.


  1. 3)kingdom authority must be strongly enforced
    1. a)Even though he has been stripped, shamed and subdued, Satan will not give up anyone or anything without a fight.
      1. i)He does not want us to understand the authority we have in Jesus.
        1. (1)Luke 10:19
        2. (2)This authority is not for everyone; those who reject Christ are still in Satan’s dark kingdom.
        3. (3)To those that reject Christ, Satan is still the God of their world.
          1. (a)2 Corinthians 4:4
      2. ii)Satan is not our God and we do not live in his kingdom.
        1. (1)We live in the kingdom of God and, through Jesus, have kingdom authority.
    2. b)Why did Jesus Christ come to this Earth?
      1. i)Luke 4:17-18
        1. (1)Jesus is in Nazareth, his boyhood home, and He enters the temple and begins to read a prophecy from the book of Isaiah concerning Himself.
      2. ii)We were slaves to Satan and in bondage to his dark kingdom but Jesus came to set us free.
      3. iii)What kind of people did Jesus come to set free:
        1. (1)Those who are bankrupt.
          1. (a)Luke 4:18
          2. (b)“Poor” here refers to those in abject poverty; beggars.
            1. (i)This is not talking only about those who are financially poor, but those who are spiritually poor.
            2. (c)Revelation 3:17
            3. (d)We are bankrupt without Jesus.
            4. (e)Jesus came for the bankrupt.
            5. (2)Those who arebrokenhearted.
              1. (a)Luke 4:18
              2. (b)People may be laughing on the outside, but that may just be masking the sorrow and emptiness on the inside.
              3. (c)“Amuse” means “not to think.”
              4. (d)Job 14:1
              5. (e)Jesus came to those who are filled with sorrow.
            6. (3)Those who arebound.
              1. (a)They are slaves of Satan.
              2. (b)Luke 4:18
                1. (i)“To preach deliverance to the captives.”
                2. (c)2 Timothy 2:26
                  1. (i)These are people who have been taken captive by Satan.
                3. (d)1 John 5:19
                  1. (i)The whole world lies in the bosom of the wicked one.
                4. (e)They may not even realize it, but they are bound by Satan.
            7. (4)Those who areblind.
              1. (a)Luke 4:18
              2. (b)2 Corinthians 4:4
                1. (i)These are people who cannot see spiritually.
                2. (c)1 Corinthians 2:14
                  1. (i)Do not argue with someone who doesn’t understand the Bible.
                    1. 1.No one is ever argued into the kingdom of Heaven.
                3. (d)John 3:3
            8. (5)Those who arebruised.
              1. (a)Luke 4:18
                1. (i)In the Greek, “bruised” literally means “crushed.”
                2. (b)Satan is cruel, and he takes joy in our suffering and pain.
                3. (c)Acts 10:38
                4. (d)John 20:21
                  1. (i)Jesus was sent by His Father, and He is the one sending us.
                    1. 1.He has given us kingdom authority.
                    2. 2.We can only come against Satan in the power of the Holy Spirit.
      4. iv)Our problem is not with the government or Hollywood.
        1. (1)We’re at war with Satan.
          1. (a)We battle against principalities and powers and spiritual wickedness in high places.
          2. (2)The reason we’re losing the fight is because we’re not showing up for the battle.
          3. (3)We are fighting in the wrong places.
          4. (4)We are fighting the wrong things.
      5. v)Matthew 16:22-23
        1. (1)Jesus was not calling Simon Peter Satan.
        2. (2)Jesus looked beyond Simon Peter and saw where the battle was.
        3. (3)We are in spiritual warfare.
    3. c)If kingdom authority has been sovereignly established, then why does it need to be strongly enforced?
      1. i)Even though Satan’s defeat is absolute, it must be appropriated.
        1. (1)Jesus’ death for sin was absolute.
          1. (a)2 John 2:2
            1. (i)Jesus died for the whole world, but the whole world is not saved.
            2. (b)His death is only good to those who appropriate it.
              1. (i)John 3:18
                1. 1.A man does not go to Hell for his sins; those have been paid for, he goes to Hell because he does not appropriate what has already been done.
            3. (2)When the Holy Spirit came on the day of Pentecost, God poured out His Holy Spirit to the church.
              1. (a)We don’t need to pray for another Pentecost because the Holy Spirit has already come.
              2. (b)This does not mean that every Christian is Spirit-filled.
                1. (i)Even though the outpouring of the Holy Spirit was absolute, it must be appropriated.
            4. (3)Satan’s defeat is also absolute, but we must appropriate it.


  1. 4)kingdom authority must be strategically exercised
    1. a)Don’t go against Satan if there is any unconfessed sin in your life or any spirit of rebellion.
      1. i)There must be the right person.
        1. (1)People whose hearts are clean.
      2. ii)We will never be over until we learn to be under.
      3. iii)We will get into trouble if we try to fight spiritual battles with a wicked heart or rebellious spirit.
    2. b)Acts 19:11-16
      1. i)The seven sons of Sceva claimed to be able to cast out demons.
        1. (1)With their false authority, they attempted to rid a man of a demon.
        2. (2)The demon possessed man turned on them and beat them and stripped them.
        3. (3)They were trying to take authority over the devil but they did not know God personally.
          1. (a)They had second-hand religion.
    3. c)There must be the right position.
      1. i)Ephesians 2:6
        1. (1)You must understand where you are as a Christian and speak from that position.
        2. (2)Stop praying from Earth to Heaven and start praying from Heaven to Earth.
      2. ii)When Jesus died, we died with Him.
      3. iii)When Jesus arose, we rose with Him.
      4. iv)When Jesus ascended, we ascended with Him.
      5. v)When Jesus is seated at the right hand of the Father, we are in Him and He is in us and we are sitting together with Jesus in the heavenlies.
        1. (1)Matthew 18:18


    1. a)Satan has been stripped, shamed and subdued.
    2. b)Luke 10:19
    3. c)It is time that we discover kingdom authority and put it to work.
    4. d)If you’ve never given your heart to Jesus Christ, He will save you today.
    5. e)Do you know Jesus personally? If not, you can pray to Him today by asking Him to come into your life.
    6. f)Call upon Jesus today. Repent (turn) from your sins, and turn to Jesus. Ask Him to forgive you of your sins, and acknowledge Him as Lord of your life.
      1. i)Romans 3:23
      2. ii)Romans 10:9-10
      3. iii)Romans 10:13
      4. iv)Acts 16:31
      5. v)John 3:16

NO Eminent Domain NO Title Conveyed RENT $62,500 /mo 8 yrs DW


From Haywood Jackson Mizell                                                           October 29, 2019

To: Delores Woodham,Circuit Court Clerk,Dale County, Alabama

RE: Authenticated Instrument filed by Wells Fargo in Dale Circuit Court: CV-19-8.

Dear Delores Woodham,

     Your correspondence was received October 25, 2019.

“Mr. Mizell: Enclosed please find a copy of Wells Fargo Loan/Mortgage # 0128507779. We cannot certify that this is a true copy of the original because the original was not filed in the clerk’s office.”

     Please understand that Wells Fargo has provided numerous copies of the same documents all in an effort to convince me that a copy functions the same as the original.

Rule 1002. Requirement of the Original

An original writing, recording, or photograph is required in order to prove its content…

       To convince me was not the one who needed convincing, the 2008 buyer who determined that Wells Fargo had “clouded” the title by filing a false instrument saying Wells Fargo was the holder in due course while WF reported otherwise. Mostly, only WF’s lawyers expressed a lack of understanding. (Job 32:8, Psalms 32:9)

§ 7-3-305. Defenses and Claims in Recoupment.

§7-3-305c An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

     No sale would be made without the “cloud” being removed. No Homeland Security report was made. The buyer has not changed his position, refusing to buy an unmarketable property having zero value.

       Mizell was denied hundreds of thousands of dollars and the City of Ozark was denied the tax revenue that an extensively developed tourist attraction would produce.

     Just for the refreshment of it, below are just a few of the hundreds of conclusions that were mined, resulting from years of digging. The criminal phase can now begin, complete with perfected discovery.



     Due process commences first with a determination of standing of the parties. Wells Fargo is absent any instrument that gives standing. So-called government officials who allow standing to be gained without merit are co-conspirators to theft.

     A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938).

     When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction. Little v. U.S. Fidelity& Guaranty Co., 217 Miss. 576, 64 So. 2d 697

     "We (judges) have no more right to decline the exercise of jurisdiction, which is given, than to usurp that which is not given. The one or the other would-be treason to the Constitution." Cohen v. Virginia, (1821), 6 Wheat. 264 and U.S. v. Will, 499 U.S. 200

     NOTE: By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). When a judge acts as a trespasser of the law, when a judge does not follow the law, the Judge loses subject-matter jurisdiction and the judges' orders are not voidable, but VOID, and of no legal force or effect. The U.S. Supreme Court stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States."


     WELLS FARGO BANK, N.A. is a federal bank with its principal place of business in California. It has said to have been the loan servicer on the Subject Property for several years. A servicer cannot foreclose in its own name.

     Wells refused Mizell his prepayment rights as outlined in the said agreement, agreement that does not appear. In 2008, agreement was made to sell the subject property. The sales agreement was sealed with earnest money. The contract to sale was tortuously interrupted by Wells, which had imposed a “cloud” over the title making the property value zero. Wells refused to accept full payment from the sale of the property. Wells could produce NO evidence of debt even for review, without which no legal conveyance could be made after full payment. Wells refused to surrender the debt instrument that was to be stamped paid when paid in full. Wells refusal to present the debt instrument for inspection, placed a “cloud” by Wells over the title, which made the property value zero, unmarketable even for a public use purchase by eminent domain.

     Later in 2012, James B. Graham deposited legal tender in an amount twice Wells’ stated debt as outstanding by Mizell. Had Wells been able to surrender the debt instrument, legal tender from the Graham deposit could be used to satisfy the debt. No permission was granted Wells for the seizure of the deposit. The debt instrument, when paid in full, had to be surrendered. Wells refused to accept the prepayment of Graham funds unless the surrender condition was eliminated.

     Wells had, on numerous occasions, tortuously interfered with the contracts that recognized the value of the property, a value only when the property was without the title “cloud” imposed by Wells. Again, prepayment was refused by Wells, forestalling the sale. After having refused prepayment, Wells can never declare the note in default and use the word default as grounds for the authority in a foreclosure enforcement. Instead, Wells made default the operative word in the wrongful non-judicial foreclosure, which was paraded as a state action.

     “Please send the unaltered genuine original promissory note to Wells Fargo Ozark Alabama Branch. After authentication a certified amount can be determined that will, when payment is made in full, require you to surrender the instrument.”

     Please mail also the documents you filed with Homeland Security identifying the source of funds involving Loan Number 708-0128507779. With this information I can be assured that the source of funds will be satisfied. Please answer the request as required by law.” From Letter to Wells Fargo sent certified by ALICE FAYE MIZELL dated January 9, 2012.


American Jurisprudence 2d  § 618. Liability for wrongful repossession

Furthermore, it has been said that where the creditor improperly refuses to accept payment of the debt, the creditor is estopped from repossessing the collateral on the basis that the debtor is in default, a conversion action is especially appropriate where wrongful repossession is at issue. (See Chesterton State Bank v Coffey (Ind App) 454 NE2d 1233.)


     Snipers, as believed by William Berry, foreclosure attorney for WF who provided confirmation in the writing by letter, were placed on the courthouse roof on the day of the auction so as to prevent Mizell or any independent bidder from participating in the wrongful foreclosure auction.

     Days before the auction, Mizell hand-delivered a Misprision of Felony to Judge William H. Filmore’s office to inform a judge, as the law demands, of the impending theft. The Misprision of Felony written notice was ignored. The theft nevertheless occurred as scheduled. Mizell’s expectation was for the judge to demand of Wells to show evidence of debt enforcement if authorized and the auction not criminal. Wells conducted the auction in the manner consistent with acts of any criminal enterprise. Prepayment refusal, the possession of NO instrument of authority, and the denial of due process combined to define the operational enterprise. The “cloud” must be removed before the purchase with title could be completed. Wells refused the to show any evidence that could be authenticated or a notarized certified copy under the penalty of perjury. There has been no production of debt encumbrance instrument secured by the subject property, even now after more than five years. Property conveyance is now legal by the deed holder. The property was wrongfully taken without due process in violation of DUE PROCESS RIGHTS and its taking has severe consequences for the thief, including treble damages.

     Wells denied due process, proceeded with a simulated non-judicial foreclosure in the presence of law-enforcement. Law enforcement Deputies and Police Officers were posted to control the number of bidders present at the auction held on the Dale County Courthouse steps. The non-judicial foreclosure auction should not have proceeded since the presence of law enforcement made the auction a state judicial action that requires a Judge’s order. Due process rights were denied.

     Since Wells Fargo has been unable to present the debt instrument during the past five years, its authority to enforce it has expired. Wells Fargo violated Ala. Code § 7-3-501 and therefore is time barred from ever gaining standing in this note case.

Ala. Code § 7-3-501(b)(2). PRESENTMENT.

§7-3-501(b)(2) Surrender the instrument if full payment is made.


     Wells Fargo has not demonstrated that it is the holder in due course of Mizell’s Promissory Note or that it is the agent of the holder in due course that alone can foreclose.

     Mizell moved the courts of Dale County CV-2013-6, USMD CASE #: 1:14-CV-00013-WHA-CSS and Dale County CV-2019-8, which we now know in this case to be null and void courts, proceeding without standing and subject matter jurisdiction, to have Wells Fargo stipulate and admit on and for the record whether or not they are the creditor and whether or not they are the holder in due course or if they contend that they are acting on authority of the Holder in Due Course with the authority to enforce any clause on Mizell’s DOT or Promissory Note. The courts ruled then without having been granted subject matter jurisdiction, as now confirmed, deceived into relying on unsworn and unverified statements of WF’s attorneys rather than on absent competent evidence. See Title 18 § 1512 withholding evidence or availability for use in an official proceeding.

Alabama Code Title 35. Property § 35-10-1

     Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee or other person entitled to the money thus secured, his agent or attorney, or the auctioneer making the sale, vests the legal title thereto in such purchaser.  Probate judges shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also by the names of the grantor and grantee in the foreclosure deeds.

Alabama Code Title 35. Property § 35-10-9

     All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be null and void, notwithstanding any agreement or stipulation to the contrary.


     Wells Fargo refused to admit as to whether they are or are not the creditor and/or the holder in due course. Wells Fargo should have been considered in contempt of ill- advised court.

     There is no evidence that Wells Fargo has been damaged.

     There is no possession evidence of the existence or the identity of a true holder in due course. Wells Fargo demonstrated NO authority for its actions.

     The wrong party is named as the lender on the alleged note and the alleged deed of trust/mortgage recorded in the Dale County Probate Office records further clouding title to Mizell’s property.

     The alleged note has allegedly been transferred to FHLMC per affidavit of VP of loan department.

     FHLMC has allegedly deposited said note in a securitization trust.

     By transferring ownership and holding of the mortgage promissory note to certificate holders of a publicly traded security, the transfer negated the ability of the alleged lender, trustee or servicing agent to act as the owner or holder of the promissory note or its agent.

     A DOT/Mortgage cannot be enforced on behalf of the owner and holder of a Promissory Note who does not actually own or possess the Promissory Note.

     There is a difference between what is required to enforce an unsecured note and what is required to enforce a deed of trust/mortgage in foreclosure.

     The alleged note and deed of trust have been separated. The Note has been sold to FHLMC and subsequently to investors in Mortgage-Backed Securities and is therefore owned by shareholders in stocks. The alleged Deed of Trust that identifies Wells Fargo Home Mortgage, Inc. as the “lender”/ “beneficiary”/ “owner”. This is fraudulent and a cloud on Mizell’s Legal Title. Reducing the value to zero.

     The promissory note as a note remains enforceable if it has not been paid, but the deed of trust is not. The note is no longer secured by Mizell’s Property.

     Wherefore, Mizell sought an order from the court declaring that Wells Fargo lacks standing to enforce any provision on the Mizell’s DOT/Mortgage or to foreclose on the Mizell’s real Homestead property and place of business. DENIED.

     Severe and irreparable harm through the loss of clients, the loss of reputation, the loss of income, emotional distress and family depression and anxiety has been suffered by the Mizell’s and their family, should the loss be allowed to continue of their Homestead and place of business, which is not only the basis for their claims against Wells Fargo, but is also unique and irreplaceable.

       All previous court actions that proceeded without standing and subject matter jurisdiction are VOID.

       A Quiet Title Action should be conducted in a court of competent jurisdiction, which applies the law in response to the fact-witness instruments with a hearing where only the validity of the instruments can be challenged. A jury is not allowed because the superior fact-witness cannot be tampered with and is evident and needs no jury to determine fact.

Title 18 §1512(B) Whosoever, alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;


The American Bar Association's opinion concerning foreclosures: Standing and subject-matter-jurisdiction.…… this Court has the responsibility to assure itself that the foreclosure Plaintiffs have standing and that subject-matter-jurisdiction requirements are met at the time the complaint is filed. Even without the concerns raised by the documents the Plaintiffs have filed, there is reason to question the existence of standing and the jurisdictional amount".

American Jurisprudence 2d 1966:

(Volume 25, Ejectment § 19 Strength of own title)

"A well-established principle which has acquired the force of a maxim is to the effect that a Plaintiff in ejectment can recover only on the strength of his own title, and not on the weakness of his adversary's. The defendant is not required to show title in himself, and he may lawfully say to the Plaintiff, "Until you show title, you have no right to disturb me."

         Mizell possesses the only instrument that can impact title. Ownership remains in him until a superior title appears; otherwise cease disturbing me.

 Yours truly, Haywood Jackson Mizell, Case 1:21-cv-00110-ECM-JTA Document 22-5 Page 635-642



                           Grand misunderstood truth.

     One truth that every wise businessman or woman knows is that no one buys a piece of property. What is bought is title to the property.


     Jack Newman, a friend of mine, learned this truth the hard way. He bought 36 cars at what he thought to be at a bargain price. The man who sold him the cars has escaped the county for Thailand.


     All of the cars were returned to title holders. Mr. Newman never recovered his “investment”.


     When one stands on the “Brooklyn Bridge” and offers the bridge for sale, the offer to sale is valid only if the seller holds title to the bridge, even if the bridge is in foreclosure.


“No title is conveyed through the sale when a party who lacks a right to enforce the note proceeds with foreclosure sale.” Williams, supra. Cited in Holms v. Wells Fargo Home Mortgage, Inc. et al, 43rd Jud. Cir. Ct. Div II, No. 08CN-CV00944 (Jan. 26, 2015).


What belongs to us cannot be transferred to another without our consent. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by JUDGMENT OF A COMPETENT TRIBUNAL. (Maxim of Law)


What does not appear and what is not, is the same; it is not the defect of the law, but the WANT OF PROOF. (Maxim of Law).


     The Taliban and all of its followers are governed by this common misconception. The year of Jubilee clearly identifies the real titleholder of all property, God.


“So great is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community”. William Blackstone. 1767

5th & 14th amendment, "just compensation EMINENT DOMAIN



A deed was recorded in 1982 transferring title to H. J. Mizell.

There was no proven encumbrance against the property in 2013.

Without any authority, Nathan E. Hardwick, attorney conducted a wrongful non-judicial foreclosure that accepted $296,000 of taxpayer money that was no “just compensation” that had been decided by an Eminent Domain Tribunal.

Deceived by Hardwick, the City of Ozark is occupying the property and making improvements in violation of Historical Preservation Law. The unpaid monthly rental charge is $62,500. The question is now before the U.S. Middle District Court of Alabama for adjudication.

Alabama has the most stringent taking/compensation laws.                                            

“No title is conveyed through the sale when a party who lacks a right to enforce the note proceeds with foreclosure sale.”

The US and Alabama Constitutions enacted law that forbids the taking of private property without “just compensation”. Alabama laws are the most severe. Alabama “just compensation” law was consistently ignored by all the state judicial system courts including probate court. Now what will the federal courts decide?

IGNORED: Courts in Alabama differ from the normal rule, as they have asserted that the court of equity should award damages even though no other type of relief is sought. An Alabama court stated:

     If the county through its duly constituted authorities without the consent of the landowner whose title and possession is not disputed takes or undertakes to appropriate private property for public use, a court of equity will intervene and require just compensation to be made. Id. at 137-38, 43 So. 2d at 116.

     The city had the discretion to acquire an airport or not to acquire it, to take this or that land or not to take it. It did not have the discretion to take land without paying for it. After the taking the duty to condemn became ministerial.63 Brown v. Murphy, supra note 62, at 321, 47 A.2d at 597.

The Takings Clause of the Fifth Amendment allows federal, state, and local governments to take private property for public use under eminent domain, as long as the private landowners are justly compensated for the taking of their property

In 1985, in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court held that in cases claiming just compensation for private property taken by state or local governments, the owner had to demonstrate that the case was ripe for litigation by exhausting state law remedies "first." As it turned out, however, courts also took the position that when property owners complied with this rule and sued "first" in state court, the state court decision would give rise to res judicata or issue preclusion, so the owner's claim of federal constitutional violation could never be heard in federal court under federal law. This decision has come under criticism as it denied property owners, and them alone, access to federal courts and to protection of the Fifth Amendment's Taking Clause

Under Eminent Domain law, the government can “take” private property for public use – but must provide landowners with just compensation. ... Further, if the government “leaves out” certain property or fails to provide select landowners with just compensation, landowners can sue the government under Inverse Condemnation.

Inverse condemnation is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of the Constitution, so the property's owner has to sue to obtain the required just compensation.

In some states the term also includes damaging of property as well as it taking. In inverse condemnation cases the owner is the plaintiff and that is why the action is called inverse – the order of parties is reversed, as compared to the usual procedure in direct condemnation where the government is the plaintiff who sues a defendant-owner to take his or her property.

Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___ (2019), was a case before the Supreme Court of the United States dealing with compensation for private property owners when the use of that property is taken from them by state or local governments, under the Due Process Clause of the Fifth Amendment to the United States Constitution. The immediate question asks if private land owners must exhaust all state-offered venues for mediation before seeking action in the federal courts. The case specifically addresses the Court's prior decision from the 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, which had previously established that all state court venues must be exhausted first, but which has since resulted in several split decisions among circuit courts. The Supreme Court ruled in June 2019 to overturn part of Williamson County that required state venue action be taken first, allowing taking-compensation cases to be brought directly to federal court

Supreme Court

Knick petitioned the Supreme Court for writ of certiorari. Knick's petition pointed out that there was a split in how Williamson County was applied in the Circuit Courts. The Third Circuit's decision agreed with the Sixth, Ninth, and Tenth Circuits in prior case law, but was in conflict with the First, Fourth, and Seventh Circuits. Additionally, the petition referred to Justice John Roberts' denial for writ of certiorari in Arrigoni Enterprises, LLC v. Durham (2016), a case that also sought to challenge the Williamson County decision, which had been joined by Justice Anthony Kennedy. In the denial, Roberts suggested that it was necessary for the Supreme Court to review Williamson County, due to the onus it puts on property owners, but required a proper case for that review.[5]

The Court granted the petition in March 2018, with the first oral arguments heard on October 3, 2018, before an eight-member Supreme Court, as Justice Brett Kavanaugh had yet to be sworn into office. In November 2018, the Court announced it would hold a second argument before all nine Justices; while the Court did not provide a rationale, analysts believed that this indicated the eight Justices were deadlocked, thus requiring Justice Kavanaugh to take part in the case to break the deadlock.7] The second oral hearings before the full court was held January 16, 2019.

The Court issued its judgment on June 21, 2019. In its 5–4 decision along ideological lines, it vacated the Third Circuit's judgment and remanded the case to the lower court. The decision overruled the portion of Williamson County decision that required those seeking legal action for takings-compensation to seek state litigation first, finding that the original decision was poorly reasoned. Chief Justice John Roberts wrote the majority opinion, writing that "A property owner has an actionable Fifth Amendment takings claim when the government takes his property without paying for it." The opinion emphasized that unfair compensation when private land is taken is constitutional violation, and thus ripe for the federal court system. Justice Clarence Thomas joined the majority, and in a separate opinion, wrote "Stare decisis does not compel continued adherence to this erroneous precedent." Justice Elena Kagan wrote the dissent and expressed concerns that by eliminating the need to bring such takings-compensation cases to state courts first, it could require federal courts to become involved in understanding complex state law issues.[8] Kagan's decision also expressed concern that Knick along with other recent Court decisions such as Franchise Tax Board of California v. Hyatt shows a trend that the current Court is ready to ignore long-standing precedent and overturn past rulings. Justice Stephen Breyer had expressed similar concern in his dissent with Hyatt.

Taking/ No compensation


The internet declared that $75,000 in 1912 is adjusted to the same value in 2019, $1,940,152.

J.D. Holman of Ozark, Alabama spent $75,000 in 1912 for construction of his residence at 285 East Broad Street in Ozark, AL. The cost of renovation in the 1980s, including an addition of a 60% increase in usable space, was made for only $3,759,216. The effective renovation cost does not include the $173,000 per year in maintenance and operation expenses.

The City of Ozark performed its sovereign powers as a public entity and took the property without making any “just compensation” for the taking of private property for public usage. The City of Ozark did surrender public taxpayer funds to Nathan E. Hardwick, a convicted felon, as the only bidder at a simulated foreclosure auction. The auction was necessary in order to give the appearance that it was legal to pay only 6% of the property’s “appraised value”, especially on property that had no proven encumbrance and in no default. The lawful rental cost for the last eight years has risen to millions.

“No title is conveyed through the sale when a party who lacks a right to enforce the note proceeds with foreclosure sale.”

The US and Alabama Constitutions enacted law that forbids the taking of private property without “just compensation”. Alabama laws are more severe.

Courts in Alabama differ from the normal rule, as they have asserted that the court of equity should award damages even though no other type of relief is sought. An Alabama court stated:

     If the county through its duly constituted authorities without the consent of the landowner whose title and possession is not disputed takes or undertakes to appropriate private property for public use, a court of equity will intervene and require just compensation to be made. Id. at 137-38, 43 So. 2d at 116.

     The city had the discretion to acquire an airport or not to acquire it, to take this or that land or not to take it. It did not have the discretion to take land without paying for it. After the taking the duty to condemn became ministerial.63 Brown v. Murphy, supra note 62, at 321, 47 A.2d at 597.

The old adage that one cannot fight City Hall has proven merit. No court of equity exists in Dale County. The tragedy is that the values of similar items have increased from 1912 to 2019, 25.8 times. The value of the dollar continues to decline. What is even worse in that there has been a similar free fall of integrity. “Legal Plunder” is now the rage.

“There is now no condemnation”, that is just the way it is.