Lewers & Cooke, Ltd. v. Atcherly
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The facts are stated in the opinion. It was error to overrule the discretion of the Court of Land Registration in declining to reopen the decree of 1858. The court then had jurisdiction, the case was decided on the merits, and, whether the decree was right or wrong, the decision is now stare decisis, and property rights have been built up on the faith of that decree.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The facts are stated in the opinion. It was error to overrule the discretion of the Court of Land Registration in declining to reopen the decree of 1858. The court then had jurisdiction, the case was decided on the merits, and, whether the decree was right or wrong, the decision is now stare decisis, and property rights have been built up on the faith of that decree. Darling v. Westmoreland, 52 N. H. 401. See also as to other matters in discretion of the court, Central Trust Co. v. Locomotive Works, 135 U. S. 207; Davis v. Braden, 10…
1Opinion of the CourtJustice Holmes
This is an appeal from a decree refusing to the appellant the'registration and confirmation of its title to a parcel of land, described as lot 1 of Land Commission Award 129, Royal Patent 1602. 18 Hawaii, 625. 19 Hawaii, 47. The appellant claims through mesne conveyances from David Kalakaua. Kalakaua was adopted by one Kaniu as her child. She had certain rights, not fully defined, in the land, and left all her property t.o Kalakaua by an oral will in 1844. Her husband, Kinimaka, seems, to have reported this to the King, as required in those days, and there is evidence that the King…
2Cases cited8 opinions
- Mellen v. Moline Malleable Iron WorksSupreme Court of the United States · 1889
- King v. West VirginiaSupreme Court of the United States · 1910
- Lawrence Manufacturing Co. v. Janesville Cotton MillsSupreme Court of the United States · 1891
- Thurston v. BishopHawaii Supreme Court · 1888
- In re Lewers & Cooke, Ltd.Hawaii Supreme Court · 1908
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3Cited by24 opinions
- De Castro v. Board of Comm'rs of San JuanSupreme Court of the United States · 1944
- Waialua Agricultural Co. v. ChristianSupreme Court of the United States · 1938
- Halberg v. YoungHawaii Supreme Court · 1957
- Kam Chin Chun Ming v. Kam Hee HoHawaii Supreme Court · 1962
- Chase v. United StatesCourt of Appeals for the Eighth Circuit · 1919
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