1 Haw. 42 (Haw.Super. 1851), Kekiekie v. Dennis

Citation:1 Haw. 42
Opinion Judge:LEE, CHIEF JUSTICE
Party Name:KEKIEKIE v. EDWARD DENNIS.
Attorney:Mr. Harris for plaintiff. Mr. Montgomery for defendant.
Judge Panel:LEE, CHIEF JUSTICE
Case Date:January 01, 1851
Court:Superior Court of Hawai'i
 
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Page 42

1 Haw. 42 (Haw.Super. 1851)

KEKIEKIE

v.

EDWARD DENNIS.

Superior Court of Hawai'i.

January 1, 1851

Syllabus by the Court

A Land Commission kuleana award, held good as against a Royal Patent of anterior date, which expressly reserved the rights of native tenants.

Mr. Harris for plaintiff.

Mr. Montgomery for defendant.

LEE, CHIEF JUSTICE

This was an action of trespass brought by the plaintiff, a native, to recover damages, alleging that the defendant had taken away one of his kalo patches.

The plaintiff proved the taking, and offered in evidence a Royal Patent for the land, based upon an award from the Land Commission, and dated in December, 1850, as proof of his title.

The defendant offered in evidence a Royal Patent for a land, which covered the land in dispute, bearing date in October, 1849; and contended that his patent, being of an anterior date, gave him the best title, and was a full justification for the taking. As a further defense, the defendant showed that the plaintiff refused to go to his labor (three days in each month), and had made a verbal surrender of the land in dispute.

It appeared, however, that in the Royal Patent conveying the land to the defendant, the King had made an express reservation of the claims of tenants.

LEE, CHIEF JUSTICE after giving a succinct history of the landed tenures of the Kingdom, charged the jury that the defendant could not justify the taking under his Royal Patent, the King having expressly reserved in that conveyance the claims of native tenants-that Kekiekie was one of those tenants, who had duly entered his claim at the Land Commission previous to the date of the defendant's patent, and subsequently, in 1850, received his award and patent-that consequently the...

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