The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-08-01


ing can be certain that a child viii
not crop up and prove an interest in
the land.
Under the ancient Hawaiian custom,
the line of descent was traced through
the mother, and this proved an emil
nently practical rule, until the in
PRODUCTION by New England lawyers
of the common law as a guide to deci-
sion. The natives are a jovial, care
less race, and not given to taking life
seriously. When pinned down to for
malities in the family life, such as
the more highly educated of his bre-
thren, or his white neighbors, con-
slider proper and fitting, he some-
times falls short, but only from his
easy going way, and not from vici-
BUSINESS, as witness an incident in the
experience of Honolulu attorney ex-
aiming country native, to pass up
on his title to real property.
will had conveyed a native home
stead to Kealoha for life and after
her death to her lawfully begotten
children. 1t became necessary to ex-
anime Keawe, her surviving husband
as to the birth of the children, date
of marriage, etc. He told his wifes
name, and the age Of the children and
their names. Then to come down to
more definite facts the attorny asked,
when were you married."
What is that?" replied the native.
when and where were you mar
ried?"
"Aole male ia hoohoo! Va Jpoina
ia'u." q was not married. Alas! 1
forgot all about it,
In a country where the faithful spouse
is sometimes taken without formal
ity, where the swapping of children is
still courtesy between intimate
friends, and where adoption of children
without any formality OF law is still
attempted one can not be sure who
the children around the alleged par
ents are. 1t is useful to have some
system by which the record of these
families may be taken and kept before
the families disappear.
The land registration system supplies
this need and makes marketable titles
that have had little value and have
been unstable, because of the lack of
record title.
The system furnishes a means of
quieting title in cases where the owner
proves title by adverse possession, and
where deeds have been delivered with
out acknowledgenSents sufficient for
recording.
The right of dover is always a cause
of anxiety to the examiner of titles be-
cause of the careless way of drawing
up conveyances. without stating whe-
Their the grantor is married or single.
After registration the owner knows
exactly what claims there may be
against the land. In some cases, the
release of dover attempted to be made
proves fatally defective and by no
tice to the claimant the defect is re-
moved.
In many cases. unreleased mort
cages of over twenty years standing
have been found, forgotten under the
old easy-going methods of the King
dom. These defects have been cured
by notice.
one petitioner came to the court,
claiming title by reason of adverse pos
session of over ten year. The report
of the examiner showed that he had
bought a city lot in fee simple from
Chinaman, who owned only one-third
of the area sold and had a paid up lease
of the remainder having about fifteen
years to run. The owner now knows
that the statute of limitations of ten
years here in force does not apply to
his case and is negotiating with the
owner of the leasehold land, before re-
glstering title.
The most remarkable case which
has come to the attention of the Elk
aminers of Title is that of a Chinese
Market Co. which bought a lot in
Honolulu for $4,000 and erected there
on a $4,000 building, when the legal
title was in a trustee against whom
the company's grantor had been con-
tending. The .grantor thought he
had acquired a legal title Upon an
adverse report from the examiner of
the title the attorney for the petitioner
Immediately began negotiations with
the original trustee, and obtained the
title without further expense, through
the fairness of the trustee. This de-
feet was found despite the fact that
large fees had been paid to get the title
into the hands of the companys gran
tor. A court Of equity had appointed
new trustee to sell the land without
making the trustee holding the record
title a party to the proceeding, or other
wise dealing with the original trustee,
and a $4,000 mortgage was given on
this defective title. All of this goes
to show that the biggest fees do not
cause the ablest work.
Another remarkable case is one in
which Portuguese resident Of Homo
lulu bought a lot in the center of town
and built a house. Investigation
showed that half of her house was
located on Government land, when
had been occupied by private parties
for fifty years, and taxes collected
thereon. The government did not know
Of it. The party is now negotiating
with the government to buy the land
before proceeding further in the mat
ter.