1 Haw. 54 (Haw.Super. 1851), Kukiiahu v. Gill
|Citation:||1 Haw. 54|
|Opinion Judge:||LEE, CHIEF JUSTICE|
|Party Name:||KUKIIAHU v. WILLIAM GILL.|
|Attorney:||Mr. Harris for plaintiff. Mr. Burbank for defendant.|
|Judge Panel:||LEE, CHIEF JUSTICE|
|Case Date:||July 01, 1851|
|Court:||Superior Court of Hawai'i|
Syllabus by the Court
Land Commission kuleana award, held good against a Royal Patent of anterior date, which reserved the rights of native tenants. The Court refused to go behind the award and receive evidence of its having been obtained by fraud.
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 to him, subject, however, to the rights of tenants. He likewise offered in evidence a deed from one Kalua, who claimed the land in dispute, which deed bore date anterior to that of Gill's Royal Patent. He offered to show that the plaintiff had no just claim to the land, and that the evidence before the Land Commission was deceptive and false. He further said he had never had any notice of the plaintiff's claim before the Commission.
The introduction of this evidence was objected to, and the objection was sustained by the Court.
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