United States v. Fullard-Leo

The burden of proof was on the United States to establish its title and its right of possession.1 The trial court was of opinion that the burden had not been discharged. It found that while the sovereignty of the United States was extended over Palmyra Island by the annexation of Hawaii, the prior government of that country “did not in fact or in form assert fee simple title to this land at the time of annexation, or at any other time”; and that “petitioner does not exhibit a title which can be sustained.” The bill was accordingly dismissed.

I think the dismissal was proper. The finding was…