Kukiiahu v. Gill
Hawaii Supreme Court
This was an action brought to recover damages for a trespass on a piece of land in Ewa. The plaintiff claimed under a Royal Patent, dated in 1850, which was based upon an award of the Land Commission The defendant admitted that he had possession of the land in dispute, but sought to justify the same by showing a Royal Patent dated in 1849, conveying the land t® him, subject, however, to the rights of tenants.
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This was an action brought to recover damages for a trespass on a piece of land in Ewa. The plaintiff claimed under a Royal Patent, dated in 1850, which was based upon an award of the Land Commission The defendant admitted that he had possession of the land in dispute, but sought to justify the same by showing a Royal Patent dated in 1849, conveying the land t® him, subject, however, to the rights of tenants. He likewise offered in evidence a deed from one Kaiua, who claimed the land in dispute, which deed bore date anterior to that of Gill’s Royal Patent. He offered to show that the…
1Opinion of the Court
Chief Justice Lee,
in delivering the opinion of the Court, said: The defendant bought this land subject to the rights of natives, and hence the fact that his Patent bears date anterior to that of the plaintiff’s is entitled to no weight. Kukiiahu had his claim entered at the Land Commission long before the land was sold to Gill, and the King in his Patent has made a special reservation for the benefit of this and all other claimants. '1 he King did not convey Kukiiahu’s rights to Gill; and if he had done so, his grant would have been a nullity. But it is answered that Kukiiahu had no rights,…
2Cited by8 opinions
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- Territory of Hawaii v. Kum Foo SungHawaii Supreme Court · 1910
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