David Kawananakoa v. Ellen Albertina Polyblank, No. 273

CourtUnited States Supreme Court
Writing for the CourtHolmes
Citation205 U.S. 349,27 S.Ct. 526,51 L.Ed. 834
Decision Date08 April 1907
Docket NumberNo. 273
PartiesDAVID KAWANANAKOA, Jonah Kalanianaole, Abigail W. Kawananakoa, and Elizabeth K. Kalanianaole, Appts., v. ELLEN ALBERTINA POLYBLANK, Otherwise Known as Sister Albertina, Trustee for Stella Keomailani Cockett, and Stella K. Cockett, Sole Beneficiary under Said Trust

205 U.S. 349
27 S.Ct. 526
51 L.Ed. 834
DAVID KAWANANAKOA, Jonah Kalanianaole, Abigail W. Kawananakoa, and Elizabeth K. Kalanianaole, Appts.,

v.

ELLEN ALBERTINA POLYBLANK, Otherwise Known as Sister Albertina, Trustee for Stella Keomailani Cockett, and Stella K. Cockett, Sole Beneficiary under Said Trust.

No. 273.
Argued and submitted March 21, 1907.
Decided April 8, 1907.

Mr. Sidney M. Ballou for appellants.

[Argument of Counsel from pages 349-351 intentionally omitted]

Page 351

Messrs. Aldis B. Browne, Alexander Britton, and E. A. Douthitt for appellees.

Page 352

Mr. Justice Holmes delivered the opinion of the court:

This is an appeal from a decree affirming a decree of foreclosure and sale under a mortgage executed by the appellants to the appellee, Sister Albertina. 17 Haw. 82. The defendants (appellants) pleaded to the jurisdiction that after the execution of the mortgage a part of the mortgaged land had been conveyed by them to one Damon, and by Damon to the territory of Hawaii, and was now part of a public street. The bill originally made the territory a party, but the territory demurred and the plaintiffs dismissed their bill as to it before the above plea was argued. Then the plea was overruled, and after answer and hearing the decree of foreclosure was made, the appellants having saved their rights. The decree excepted from the sale the land conveyed to the territory, and directed a judgment for the sum remaining due in case the proceeds of the sale were insufficient to pay the debt. Eq. Rule 92.

The appellants contend that the owners of the equity of redemption in all parts of the mortgage land must be joined, and that no deficiency judgment should be entered until all the mortgaged premises have been sold. In aid of their contention they argue that the territory of Hawaii is liable to suit like a municipal corporation, irrespective of the permission given by its statutes, which does not extend to this case. They liken the territory to the District of Columbia (Metr-

Page 353

opolitan R. Co. v. District of Columbia, 132 U. S. 1, 33 L. ed. 231, 10 Sup. Ct. Rep. 19), and point out that it has been a party to suits that have been before this court (Damson v. Hawaii, 194 U. S. 154, 48 L. ed. 916, 24 Sup. Ct. Rep. 617; Carter v. Hawaii, 200 U. S. 255, 50 L. ed. 470, 26 Sup. Ct. Rep. 248).

The territory, of course, could waive its exemption (Smith v. Reeves, 178 U. S. 436, 44 L. ed. 1140, 20 Sup. Ct. Rep. 919), and it...

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176 practice notes
  • National City Bank of New York v. Republic of China, No. 30
    • United States
    • United States Supreme Court
    • 7 Marzo 1955
    ...51 L.Ed. 510; Larson v. Domestic & Foreign Com. Corp., 337 U.S. 682, 703, 69 S.Ct. 1457, 1468, 93 L.Ed. 1628. 2. Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 527, 51 L.Ed. 834; United States v. Shaw, 309 U.S. 495, 501, 60 S.Ct. 659, 661, 84 L.Ed. 888. Cf. Duff Development Co. ......
  • Seminole Tribe Florida v. Florida, 9412
    • United States
    • United States Supreme Court
    • 27 Marzo 1996
    ...ground that there can be no legal right as against the authority that makes the law on which the right depends." Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 527, 51 L.Ed. 834 (1907). As I have explained before, Justice Holmes' justification fails in at least two respects. "Fi......
  • Cheyenne-Arapaho Gaming v. National Indian Gaming, No. 01-CV-0632-C.
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • 11 Julio 2002
    ...to the governing of the nation, unless through its own consent. See Larson, 337 U.S. at 704, 69 S.Ct. 1457, Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 51 L.Ed. 834 (1907). Thus, a court may not exercise subject matter jurisdiction over a claim against the federal government ......
  • Colonial Pipeline Co. v. Morgan, No. M2006-00591-SC-R11-CV.
    • United States
    • Supreme Court of Tennessee
    • 9 Septiembre 2008
    ...that "there can be no legal right as against the authority that makes the law on which the right depends." Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 51 L.Ed. 834 263 S.W.3d 849 (1907). Logic aside, the policy behind sovereign immunity has been most convincingly justified by......
  • Request a trial to view additional results
181 cases
  • National City Bank of New York v. Republic of China, No. 30
    • United States
    • United States Supreme Court
    • 7 Marzo 1955
    ...51 L.Ed. 510; Larson v. Domestic & Foreign Com. Corp., 337 U.S. 682, 703, 69 S.Ct. 1457, 1468, 93 L.Ed. 1628. 2. Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 527, 51 L.Ed. 834; United States v. Shaw, 309 U.S. 495, 501, 60 S.Ct. 659, 661, 84 L.Ed. 888. Cf. Duff Development Co. ......
  • Seminole Tribe Florida v. Florida, 9412
    • United States
    • United States Supreme Court
    • 27 Marzo 1996
    ...ground that there can be no legal right as against the authority that makes the law on which the right depends." Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 527, 51 L.Ed. 834 (1907). As I have explained before, Justice Holmes' justification fails in at least two respects. "Fi......
  • Cheyenne-Arapaho Gaming v. National Indian Gaming, No. 01-CV-0632-C.
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • 11 Julio 2002
    ...to the governing of the nation, unless through its own consent. See Larson, 337 U.S. at 704, 69 S.Ct. 1457, Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 51 L.Ed. 834 (1907). Thus, a court may not exercise subject matter jurisdiction over a claim against the federal government ......
  • Colonial Pipeline Co. v. Morgan, No. M2006-00591-SC-R11-CV.
    • United States
    • Supreme Court of Tennessee
    • 9 Septiembre 2008
    ...that "there can be no legal right as against the authority that makes the law on which the right depends." Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S.Ct. 526, 51 L.Ed. 834 263 S.W.3d 849 (1907). Logic aside, the policy behind sovereign immunity has been most convincingly justified by......
  • Request a trial to view additional results

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