State v. Midkiff

OPINION OF THE COURT BY

LEWIS, J.

Tbe State seeks to eject the trustees of the Bishop Estate from 857 acres of land in the District of Ewa, Island of Oahu, contending that this land was not awarded by the Land Commission, or by the Minister of Interior under the Acts of August 24, 1860 and December 16, 1892 (S.L. 1860, p. 27; S.L. 1892, c. 68), and remains the property of the government under the doctrine of Thurston v. Bishop, 7 Haw. 421 (1888). It appeals from a summary judgment which dismissed the action on the grounds, among others, that the land in question was awarded by survey by Land…