I can agree with this, however, it is presumptive.
Evidence of titlement would still be in order along with some system of registration.
A judgement is an assessment.Originally Posted by salsero
What you have just described is a levy. From Wikipedia:
A legal action, where property of a judgment debtor is taken for public sale to satisfy a monetary judgmentSays who? It seems in this world, if you have not the force to retain ownership whether by cudgel, title, or legal proceeding; you have none.Originally Posted by salsero
Very good that you stated your opinion. All that I gave you in my previous post can be substantiated by treatises and other works.Originally Posted by salsero
Erie decision had to do with diversity jurisdiction and which cases should be heard in which court, not with doing away with "common law".
The federal government never had a "common law". The "common law" which they sought to develop had to do with commerce particularly a uniform standard of handling negotiable instruments throughout the several States.
Now if you would have based your opinion on the seizure of titles on the seizure of American's gold in the 1930s by way of eminent domain power of the U.S. government, I would be more inclined to side with you. Although in my opinion, this wouldn't have a leg to stand on. All states reserve the powers of eminent domain, seizure, condemnation, confiscation, as well as arrest of things and persons no matter the title or who possesses what.
You are presuming I am "pro-common law".Originally Posted by salsero
Common Law ain't what others romanticize it to be .
Common Law was King's Law. It was the King's attempt at monopolizing things for himself.
Subjects hated Common Law and its attorneys as well.
Attempting to bail out the Titanic after its struck the iceberg is foolish.Originally Posted by salsero
Perhaps a more prudent option would be to enjoy the decline?