The Hawaiian gazette., 1882-03-15

r - II
. J.E5, CT, IECr-g 1ld 4sst5g J. L-ODfa-
E- II Hs Cart ~ JHff, q 7
This Is an action q trgsrlss gz.E-s 1.lEsiaa
f-sF, begun IN the District Court Of Eva,
Oahu. ard brought by appeal Of defendant to
tie Intermediary Court and again 90 this Court
/ 10 Blrc0 on the law involved.
Tie plaintiff holds under ROYAL Patent
N-1.ler i5zs. dated the 10th July. 1852. upon
cor E-llasi11 q Sc NaheIe No Is to PaeWa-
li--. and grants 01e-haIf being the western
side, gf tie land IF halua0Ighe. situated at
Wailu, Eva, Oahu.
The defendant. holds under Royal Patent
Number zsFI dated The 9TH April. 1852,
granted ,1 enc jose. Ii appears that the por-
ugH g land upon which the alleged trgsp1ss
was committed Is brought by plaintiffs sur
ylycr within the limits Of his Patent, and It Is
also Brought by a survey made IN accordance
with defendants Pltgu. within the limits Of
this Patent
lis claimed Us defendant tLat IS this terri
tory IS included within the descriptions Of
both the Patents, the Oldest IN date must pre-
vail
Tie plaintiffs Patent was granted, as We
have said, il confirmation of the % MahsIe -
Cr Division Of Ists, which His Majesty Ka-
uGiauehs ILL., made with Lis chiefs and peo-
PIG. This Malcla title was inChoafe and the
duly iavgly-d upon the one receiving it b
present it % tie Land Commission for formal
Award upon It. Many persons UegisCted tG do
tl-s and, lcc0rlIH-ly, en- 2fth August, lS6Q, an
Act was passed which authorized tie Minis
ter Ct Interior 90 receive such Mahele titles, and
% issue Awards pursuant % them. ibis was
done in tie case before Is and the Award was
made On the 18th January, 7 So. As the law
Stood tLg party receiving au Award for one
Undivided half Of an III OF other Determination
" land WIS required 10 have surveys made,
dividing the land and describing each portion
TIE survey was accordingly made. 1t bears
date the Z-i March, 1852, and in due course
a Royal Patent vas issued tLercupon- Mean
while the government sold It's half Of the III to
ere jose by the Royal Patent under which the
defendant holds
We ore uf the opinion that as the govern
mlut was entitled 10 only 0uc-half Of the III,
/ il C1gll CONVEY no more than o1e-balf 10 The
/ purchaser TIE government had already by
I tie Award issued BY the Minister Of Interior
( granted the other, tie western half, 10 the
I plaintiff g-raut0r and this must be treated as
[ the elder title, in case Of any conflict in tie
surveys. SucL a c0ufict Is indeed testified 70,
T ilt he survey IN the DEFENDANTS Patent
I describes the line diyiiin. tie I'll into two
parts as follows Tbeuce To- West u
chains dividing IL tie middle Of this lsnd,
I separating ihs western half 10 Plevahiue,
Z etc. = and tie intention Of the Patent IS uani-
I fss-iv Cd describe and convey only tile remain
{ i1- % eastern halo Of the land 70 the pur-
chaser. and each Patent grants g. acres. We
must hold that as tie territory trespassed
I uu1u Is iuciudsi within the limits Of the
Patent Cf plaintiff, Il Is his land, for 1t comes
within his half, and h. may recover for the
Y tr1s1zss
I The point does not come properly before
I tbs Court on this appeal, bat We are strongly
I Of the impression that both these surveys we're
made cu1temporansously and BY the sane
person and that i Is unlikely that there Is
I any real conflict between them, and that =
comp arson by Ekillfgl surveyors would show
I this
Ja5zmelt Of Intermediary Court confirmed
F. r. Hatch for plaintiff, 4. s HartEell for
feienlz1t