HomeMy WebLinkAboutCOM 0452.014 2008-2010
LEGAL TI
From: Kalani-Kupaholu Kapahua, Jr. & Na Ohana Keawe Oct. 14, 2009
PO Box 711498
Mt. View, HI 96771
Moku o Keawe o Hawai'I Nei
Title Guaranty of Hawaii, Inc.
HONOLULU, HAWAII
Attn. Title Officer(s): COLLEEN UAHINUI, MELIA WEMYSS
235 Queen Street 2nd Floor
Honolulu, HI. 96813
RE: 'Harnakua Land Discrepancies Investigative Report
cc. County of Hawaii, Corporate Council, Department of Planning, State of Hawaii
Order No. 200220521, et al (see list)*
Naukana Cultural Claire Legal Notice for retrieval of stolen properties. H.C.B.G. Ahupua'a Registry Office
Aloha Colleen Uahinui,
Thank you accepting this letter concerning the discrepancies and other issues that we
discussed via phone call concerning the Hamakua Lands.
We are providing to you the "Laundry List" of issues as you requested pursuant to our
concerns for our Aina. However, first we would like to discuss with you the following issues to
consider in the Hamakua Land Discrepancies Investigative Report.
Submitted by Shelly Stevens
Comm. No. LISA.
Ref. To: f1l FL
Ref. DatL, OCT 2 0 NO
FRAUDULENT CONVEYANCE:
Includes illegal sales of lands contrary to Kingdom Law, by any person. We have not located
in your document research these correct and essential "Mahele Forms" known in any of the
Title Search.
The "Titles" in the Title Guaranty Report are:
a) Not in correct format, no original forms
b) Altered documents and illegal criminal action according authorities
c) Dated incorrectly. Dates do not correspond with Mahele Time Frame
d) Non-domiciled Aliens cannot be sold land
e) Leases are for 50 years max. Title cannot pass through a lease. {Example: Lease for Lot
# 30 technically expired May 27th, 1959. 5 & yr /Y 6 ,
There is no renewal of lease. The "Title" issuance document is not in correct form. The
Governor of the Territory of Hawaii has no right to issue this document. The transaction
of lands was part of the Land Act of 1895, during a period of lawlessness and land grabs
directly after the Overthrow.
On December 20, 1893, President Cleveland acknowledged the wrongness of the
overthrow and asked Dole to resign and restore authority to the Hawaiian Kingdom.
Three days later Dole, sent reply that he "refused to restore Queen Lili'uokalani as
sovereign ruler of Hawai'i. Instead, Hawai'i was proclaimed a Republic July 4, 1894.
The President of.the Republic was Sanford Dole. {Reference Section 6. Annexation.
Hawai'i Becomes a Territory}
So it can be understood, Dole disobeyed a direct order from the President of the United States
who told him to reinstate the Queen, which he refused. Dole nor his instrument of office had
no legal right to sell or auction the Aina. The County of Hawaii has no right to sell or auction
the Aina any more than Dole did. There is fault of "The United States of America" that they did
not follow through to restore the Queen as Sovereign. That is why there is the Apology Bill.
These lands are Stolen Property and we, the rightful Heirs and Stewards of the Soil do claim our
Aina.
All transactions are Null and Void after the overthrow. All
"Land Acts" after the overthrow and recorded on incorrect forms
are illegal forms of title.
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9. Illegal sales and transfer of lands under Alodio, lands held in perpetuity, Aborigine
Rights, Appurtenant Water Rights.
10.Jurisdictional Boundaries have been crossed. ' Wills and Probate of Chiefs and Royals
not considered and have been violated. Meets and Bounds Elimination of Ahupua'a
Title under 245 Chiefs and title held for Entire Hawaii Nei and Hawaiian Archipelago.
11.Expert Witnesses and DLNR Title Experts have stated that there was a 5 year period
directly after the overthrow of illegal issuance of title through "Grants" These Illegal
Grants are non-transferable.
12.Mineral Mines and Rights transferred to State of Hawaii Schedule B. No legal
conveyance to State from Alodio of Sovereign. Stolen Mineral Rights not transferable
to State or County. (PL 103-150)
13.NHPA Sect 106 Cultural Preservation-counters Illegal Title Underwriting allows for
destruction of Sacred Lands, Encroachment of Cultural Landscapes, and disruption of
Cultural Continuity (Boundaries, Trade Rights, Treaties, Treaty Rights, and Postal) and
amounts a form of genocide. Historical Data Preservation Review. Your non-issuance
of Title Insurance shows that your liability is very limited as to what you are actually
stating is sellable. None of it, because to eliminate Schedule B where all the Native
Rights are listed is to ignore True and Clear Title. You.are approving and certifying only
the fact that you have reviewed the documents but cannot legally show that the lands
belong to the County when you are ignoring data contained in Schedule b.
14.Causes a violation of many HRS, Laws, Executive Orders, County Ordinance o8 42 for
Cultural Compliance through Cultural resource Commission, Violation of State Laws
Article 12, Violations of Conditions of Statehood and Statehood Admission Act.
15. In particular reference (see title of Queen Lili'uokalani, et al), The Title guaranty allows
illegal sale of land because the Title Officer has not disclosed that the founding
document a`t the base of the Title Search, the documents are:
ALTERED DOCUMENTS
a. Altered documents/illegally changed/a criminal act: Part of the
Overthrow/dethronement of the Queen of Hawaii, Violation PL 103-150.
b. According to Consumer Protection Agency in reference to their Real Estate
Division, they stated this was a Criminal Act. Consumer Protection also stated that
to promote sale of land known to be "stolen" is also a criminal act.
c. Two County Police have stated that a person who has been informed that the land is
stolen and proceeds to sell the property without disclosing the fact that the Real
Property was originally stolen to the new purchaser is committing a Criminal Act.
Because we have the altered document in hand, charges of Fraudulent Conveyance
"Aiding and Abetting in the Transference and of Stolen Property" can be filed and
charges brought against anyone who is concurring with the crime.
d. Current documents based on founded on illegally altered documents are illegal.
Current documents after illegal occupation of Hawaii are violation of Kingdom law,
which first and foremost prevails as the law of the land.
e. Documents that have been altered and then used for transference of Property,
ignoring Affidavits and Writs of Possession and Ownership constitute theft and
criminal action.
f. Heirs have been found for lands with altered documents and are waiting to receive
their stolen property.
g. Nothing bars true owners from claiming the land, made known to you, the Title
Officer, as of today, Oct. 8th, 2009, that the True Owners and Stewards for these
properties do hereby claim these lands and suffer no hindrance or obstruction to our
properties. See "Laundry List"
,9 t >2
Section 6. Mnmado»: HanW'i mw a Territory 29
71,
5' ~ 31•x` 1 _ ,;s ' j
J 1
a. i :~,.y1•?
y ' - a
y vti
t
y ~`r tt
Presklent of the Pro I new. \ anftd Dde (e mo rk ft WW Ift caW a nmy"M OM bft ID t9M.
`u J. King, W. o. Snft, and P. C. Janes. (CmMeW of HawaB State Arc h1m) Q. r~ c3 e ~ ~ ~ `lam
circumstances of the overthrow. Blount spoke
with the major people involved, inchAng the
queen. He then returned to Washington to de-~
77
liver his report.
F,
it ;ll : ` } tttED
On Becember 20, 1893, almost a year after' I
the overthrow, Pivsident Cleveland sent a letter
l~~ a
to Sanford Dole the president of tin Provisional
Government of Hawaii. Cleveland aclmowl- luff To ffAy.rl 1 -
edged the wrongness of the overthmow, and asked
Bole to resign and to restore authority to the
Hawaiian Kingdom.
-Three Three days later Bole sent a reply- He re-
fused to restore Qa_een`uakalaut as so
ig ruler of Hawaii. Instead, Hawaii was pro- - = M) - - - Z Z:
1l ed'a epubli on July 4, 1894, with Sanford
Dole as president. The leaders of the Provisional - _ -
Government and the Republic had one gel in 25
mind: annexation to the United States. - - _ i
But not everyone favored annexation. U.S.
congressmen hotly debated the issue. Support
ers . of annexation argued in favor of acquiring
territories and of obtaining Hawaii as a military 1w ftnt page of no pacft ider,
station. Opponents of annexation pointed.out the Jdy 14,18M (ct i of tawa3 State AmMves)
- P
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a
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LEGAL NOTICE
Harnakua Land Discrepancies
Investigative Report
The following report is a preliminary investigation into the Title Search for the Hamakua
Lands the County Council is considering selling allowing to be sold by Auction. However,
because of the following issues, Na Ohana Keawe of Moku o Keawe, believe that there is
enough substantial evidence to halt the auction of these lands, as there is no clear proof of
title by the County of Hawaii. We present by discovery, this knowledge of The Probate of
Naukana and the named Royal Heir Steward who states all of these lands are our Aina and
do assert our Cultural Claim to the lands of Hamakua; that they are subject charges of
Fraudulent Conveyance and legal matters including violation of Federal & International Law.
1. Challenge to Legal Jurisdiction. Transactions that have been recorded appear to
be illegal because proper consideration for actual "law of the Land" according to
Federal Courts and International Law was not applied properly in the Status Reports.
2. Judge Ezra has stated on record that, "First and Foremost, HAWAII KINGDOM
LAW PREVAILS AND 1S THE LAW OF THE LAND" No lower court can override
decision made by the higher courts, no Commissioners or other "State/County
Officials" have the right to by-pass the law of the Land. [We are providing for you
copies of these laws for your future reference]
Naukana Cultural Claim Legal Notice for retrieval of stolen properties H C B G Ahupua'a Registry Office
3. Because of}the rulings of the Federal Court, we are asking you to apply your title search
in reference to Law of the Land, Kingdom Law, not the laws of the illegal occupier.
4. For many reasons, without any personal issues, we claim your research is incomplete
and your findinas Status Report are flawed because certain documents are lacking.
5. ***APPLICABLE PROBATE: We are asking you to research and verify Probate 463*
which applies to all of these lands, but was never applied to any of the Hamakua
lands in your Title Search where Title Search (see list) states: "No Probate" (See
"Laundry List")
*We are asking you to research and verify Probate 463, the will of Kamehameha III-
Naukana, pertaining to original ownership of all said lands in every title status report
for Hamakua Lands, of said lands belonging to Na Ohana under Tutu Keawe and
Hezekia for clear title under foreign jurisdiction to own any "Landed Property of the
Hawaii Nei." (See attached Documents for the Probate 463 Civil Case No. 99-491
Ka'u Agribusiness vs. Hekekia.)
6. Mahele Awards: Original Issuance Documents, and proper party claimant under Alodio
in reference to the Hamakua Lands. These are provided for in the Title search, but
ignored as to Title Held in perpetuity by Na Ohana, especially. issuance in Pala Pala Sila
Nui, or in Mahele Award to Chiefs for Ahupua'a and For Native Tenant Rights.
7. Case Notes of Chapter 669 reveal that the Appeals Court erred in reference to
Cotenancy and the Undivided Interest. This undivided interest applies to lands held in
perpetuity.
8. Application of PL 103-150 concerning "Illegal Overthrow" and Stolen Hawaiian lands
of the Hawaiian Kingdom. Original Issuance of Document Title has been altered on
several of the provided title search evidence. In particular, the Queen's name as it
appears on OID documents shows her name and other original document writing,
crossed out and scratched through. THIS IS EVIDENCE OF THE CRIMINAL ACTS OF THE
OVERTHROW/DETHRONEMENT OF THE QUEEN, TO WHICH THE "APOLOGY BILL"
REFERS TO" President Dole's name and other belligerent occupier's names are written
across it. The Title Search/Guaranty Process is flawed and illegal for procurement of
lands in this manner.
I LL.`
STAT UTL LAWS
M
ISIS MAJESTY KAMEIIA11 +
~~HA III.
SING OF THE liiWAIIAN ISLANDS;
PA88ED DY TH£ -
J: OI7SES OF NOBLES AND REPRESENTATIVES,
]KIIING THE TWENTY-FIIIST YEAR "OP 1118 REIGN, AND TIM THIRD AND
FOURTH YEARet"OR II13 PUBLIC BE$OGNI'flgiti,
A. D. 1845 A" 1816:
TO 1P711C1[ ARE APPENDED THE
ACTS OF PUBLIC RECOGNITION,
AND TIIE -
TREATIES WITH OMER NATIONS.
VOL. i.
- ~L1o~IOIIIru, ®a~«
CHARLES E. HITCH C0CK, PRINTER,
GOVERNIf ENT. PRESS.
1e~s
_ s .
nay
FRAUDULENT CONVEYANCE
(,CLOUDED TITLE)
A. Documents of the Hawaiian Kingdom shows genuine material exist. Created by a group
calling themselves "The Committee of Safety" who became the Provisional Government
in 1893.
See Exhibit 15 - President of the Provisional Government: Sanford Dole
Cabinet members: J. King, W. O. Smith and P. C. Jones
(1) See Exhibit 16 - Genuine material exist: Made by the Provisional Government.
a) ROYAL PATENT GRANT No. 3950 (pg 753) (Homestead Act of 1884)
Issued to "de Castecazinha" on July of 1896. Lot No. 17
Paauilo Hamakua, Hawaii (20 acres) $150.00
b) ROYAL PATENT GRANT No. 3951 (pg 757) (Homestead Act ofl 884)
Issued to "M. D. Canto" on July of 1896. Lot No. 16
Paauilo Hamakua, Hawaii (20 acres) $150.00
c) ROYAL PATENT GRANT No. 3952 (pg 761) (Homestead Act of 1884)
Issued to "de Silva Ramos" on July of 1896. Lot 15
Paai ilo Hamakua, Hawaii (18 acres) $150.00
d) ROYAL PATENT GRANT No. 3962 (pg 801) (Homestead Act of 1884)
Issued to "Francisco O. Mart' on July of 1896. Lot 9
Paauilo Hamakua, Hawaii (17.30 acres) $150.00
e) ROYAL PATENT GRANT No. 3963 (pg 805) (Homestead Act of 1884)
Issued to "Gottfried Leity" on July of 1884. Lot 10
Paauilo Hamakua, Hawaii (19.10 acres) $150.00
f) ROYAL PATENT GRANT No. 3964 (pg 808) (Homestead Act of 1884)
Issued to "Manuel dos Santos" on July of 1884. Lot 3
Paauilo Hamakua, Hawaii (19.60 acres) $150.00
i) Liliuokalani By the Grace of God, Queen of Hawaiian Islands:
Line drawn straight through (altered title) and statements, and our Queen.
President: Sanford B. Dole Minister of Interior: J. A. King
/8 9~ i/l f~9G ~
Land PatentGrant
Right of Purchase Lease
Part VII of the Land Act of 1895
Government of the Territory of Hawaii:
Conformity with the Laws of the United States of America,
And of the Territory of Hawaii.
No. 5175 issued to Francisco Furtado, $360.00 Pohakea Hamakua, Hawaii. 72 acres. Pg 131
No. 5176 issued to Edward Barenapa Kalua, $344.00 Pohakea. 68.9 acres. Pg 135
On May 27, 1909. Governor, W. P. Frear Commissioner of Public Lands, Jas. W. Pratt
No. 5177 issued to Antone Fernandez, $406.50 Pohakea. 81.3 acres. Pg 139
On May 27,1909. Gov., W. P. Frear Commissioner of Public Lands, Jas. W. Pratt
No. 4937 issued to Joshua Waiohinu, $330.00 Paauilo 33 acres. Pg 153
On February 12,1906..Gov., A. D. L. Atkinson C P L, Jas. W. Pratt
No. 4968 issued to G. Seitz, $127.30 Paauilo 12.73 acres. Pg 289
On July 23,1906. Gov. G.R. Carter CPL, Jas. W. Pratt (sold at public auction 5-12=1906)
No. 5284 issued to Gustav Kretzschmar, $446.00 Pohakea 89.2 acres. Pg 571
On May 25,1910. Gov. W.F. Frear CPL, Marston Campbell
No. 5321 issued to Manuel Aguiar, $235.00 Pohakea 47 acres. Pg 719
On June 2,1910. Gov. W.F. Frear CPL, Marston Campbell
No. 4597 issued to G. Seitz, $882.62 Paauilo 74.347 acres. Pg 853
On May 16,1902. Gov. Henry E. Cooper CPL, Edward S. Boyd
i
J
PATENT NO.
GRANT on HOM&STEAD
Government of the Republic of Hawaii
No. 4156 Antonio Francisco Gil $183.75 24.50 acres Paauilo Hamakua pg X69
Issued on April 16, 1898 (Great Seal)
President: Sanford B. Dole . Minister of Interior: Henry E Cooper
No. 4063 Manuel Madeiros Gosmao $117.00 15.60 acres Paauilo Hamakua pg 637
Issued on August 25, 1897 {Great Seal}
President: Sanford B. Dole Minister of Interior: J. A. King
No. 4216 Manuel Liemental $144.00 19.20 acres Paauilo Hamakua pg 409
Issued on July 28, 1898 (Great Seal).
President: Sanford B. Dole Minister of Interior. J. A. King
Land Patent No.
TIME PAYMENT
No. 5245 issue to Emma Notley, $4250.00 Paauilo 103.14acres. pg 413
On January 27,1910. Gov. W.F. Frear CPL, Marston Campbell
And for the further consideration of her having complied with the terms and conditions
in Agreement of Sale Dated November 7"*l9w'
(Lot No. 19) Public Land Map 11.
Second Land District.
_ce of life ° I, Ke Akua
__waii is the breath of life
-4 are not defendants or pro ses. We
heirs and are here in Good Faith-.
_rLTL
--bject Matter - the thing in dispute -is our Royal
g=rants (Royal-or pertaining,to or proceeding from the
-r Sovereign in a monarchial government. Blacks Law
=_ionary, Sixth Ed.p 1330; Patent-A grant of some
rivilege, property, or authority, made by the government or
oovereign of a country to one or more individuals. Blacks
:yaw Dictionary, Sixth Ed.p 1125).
King Kamehameha III, the King and Sovereign of the
Hawaiian Kingdom Nation owned all lands. He in turn gage to
his people gift of lands through the Mahele. The Mahele
identified and separated the relative rights of The King,
The Chiefs & Konohiki's, and the Subjects of the land within
the Hawaiian Kingdom Nation., A binding trust/contract set
by Kamehameha III, the Mahele of 1848 vested absolute title
that cannot be disturbed by any action, the lands are
inalienable, left for heirs forever, not to be sold,
transferred or conveyed. The Mahele extinguished all
foreign states adversity past, present and future. What
part of this contract is the state of Hawaii, the united
states of America, Office of Hawaiian Affairs? Are they
heirs with geneaolgy showing their blood relationship to the
awardee of the gift(s) from King Kamehameha III?_ The
purpose of this historic event was to secure his people and
their lands forever. This was his intention. The United
States Constitution was created by the forefathers of that
nation. These framers had intentions and the constitution
cannot be changed. So what authority do you have to trepans
upon our vested rights.?
The Mahele extinguished arI foreign adversity such as
Executive Orders of the United States President, Organic
Acts, Joint Resolutions, Statutory Laws, Referendums,
etc...Heirs of these lands are.protected by the Doctrine of
Escheat ...in pertinent part:
"An obstruction of the course of descent, and a
consequent determination of tenure, by some unforeseen
contingency; in which case the land naturally "RESULT BACK,
GRANTOR, or lord of
~-ome under the statute and
_ . - - : = - - AT hAw, to have their
_=-?ams, 13 Rich (S.C) 77; In re
= _ , 69 ; Alt. 902."
she Hawaiian Kingdom
_cnal Nation) we are protected by JUS
- _ _ gal Doctrine of International Law:
- are "peremptory norms of international
random House Dictionary 119781)
tl) leaving no opportunity for denial
or refusal
(2) imperious or dictatorial
(3) law, absolute or final
an International norm becomes Jus Cogens it is
--v binding on all STATES, whether they have
- --tly objected or not. The rule is very clear;
norm acquires jus Cogens status, it is binding even
sistent objector state*. When state practices,
--wing judicial, executive or legislative acts, violates
cogens principles, they are legally void and leave no
_=-ect on the body of customs which becomes law.
"There are standards which governments can fall without
-7=fending fundamental values such as genoeide,officially
-olerated torture, mass imprisonment or murder, or the
comprehensive denial of basic rights to racial, religious,
political or ethnic groups. Any Government engaging in such
practices must face adverse international judgment." Former
Secretary of State, Henry Kissenger, address to the
Organization of American States,75 Dept. of State Bull. No.
1932 (1976) 1, at 3,
GENOCIDE - The Inter American Commission on Human
Rights declares that genocide "achieves the status of jus
Cogens precisely because one key issue is the removal of the
original inhabitants from then lands, or the destruction of
their lands. These acts have caused physical and
annihilation because land is an integral part of their
religion and cultural cohesiveness. (See Genocide
Convention, supv..note 4 art.ll; Independent Commission on
International Humanitarian Affairs, a Global Quest for
Justice 118 11987))-
V
The United States of America's Constitution re their
Positive -Laws, Yrotect,and Guaraatee.to all e '
IgyE.AND VESTED..RIGHTS.
Public Law 103-150 signed, sealed andratified by
President Bill Clinton and the US Congress in 1993,
aapologized for the wrongful acts of the American Citizens
and the participation of the American naval forces for the
unlawful
unlawful occupation of the Hawaiian Kingdom,.
violation of our rights and a'clear act of geunlawf
"Whenever a right grows out of, or is protected by a
•
treaty, it prevails against all laws, or decissi nss of thunder
courts of the states, and whoever may have Suhe right
premacy Clause.
the treaty, is protected." Art. VI Sec. 2,
We are claiming under this.
"The Stipulation in a treaty, that free ships shall
make free goods" does not imply the converse proposition
that enemy's ships shall make enemy`s goods.(The Illegal
Takeover of our Kingdom, the imprisonment of our Queen in
1893) The Nereide Benner, Master, 9 Cranch, 358, 3 Cond.
Rep. 439.
On December 20, 1849 atbetweenrthe)United1StatesP
(peace), commerce and navigation
Kamehameha III was concluded
of America and his Majesty King both countries on August 24,
and signed. It was ratified by
1850. Confirming the obligation for the beneficiaries and
protected under all Positive
heirs of the Hawaiian Kingdom,
Law and the conventional Laws of Nations or"Laws of Treaties
(Sec. 24, p 8 Laws of Nations) See Exhibit treaties. The
record of the two nations ever breaking the Provisional Government Safety Committee members, tthe
hey were
thieves, had no authority to cancel anything for not the, sovereign King
nor the president of the united
states. Therefore, the treaties are still in existence.
Article 1 Sec. 9(3) of the U.S. Constitution states, , lay "No state shall without the consent of o War timeaof
Duty of Tonnage, keep Troops, or Ship
Wawith uanother state,
Peace, enter into Agreement or Compact
or with a ,foreign power, or engage i
you
invaded (the Hawaiian Kingdom did not invade Ame icaadmit
invaded uq), or in such imminent danger as will
delay." The so-call takeover/occupation is in violation of
the 'U. S. Constitution.
on ;:anuary 20, 1893, entities of the self-proclaimed
rovisicnal Government -(made up of sugar planters,
sinessman, foreigners) failed to legally transfer, acquire
a_77 its color or claims, failed to transfer anything but
own persons' and properties to the self proclaimed
-cublic of Hawaii." Having Knowledge of Law, a grave
=Istice was committed and the"united states government
==Vowed it to happen under protest of Queen Lilioukalani,
Hawaiian Kingdom Government and its people. The
continued concept of "Business As Usual" must end. They
committed the Crimes of High Treason under Chapter VI Sec. I
of the Penal Codes of the Hawaiian Kingdom. President
Grover Cleveland quoted "But for the "lawless landing" of
the United States force upon "False Pretext" this committee
would never expose themselves for the Pains and Penalties of
Treason - By Martial Law of January 17, 1893, an act of war
was created and International Laws convenes. Nothing was
legally/lawfully transferred and/or acquired by this act. -
NO'JURISDICTION, AUTHORITY OVER OUR ROYAL PATENTS OR OUR
PERSONS.
VI
The Kanaka Maoli fulfilled all obligations and
requirements to obtain a Royal Patent Grant which was signed
by the Sovereign King and Prime Minister and further issued
under the Kingdom Seal by the Minister of Interior, as heirs
forever and remains intack until today.
In America, once the land was properly claimed and
filed, the general office certified that the surveys were
paid for; according to the various land acts of the US
Congress the land was patented under the signature and seal
of the President of US America. In Hawaii, the entire
Hawaiian Archipelago is patented by proper protocol,
authority, recorded and still exists. No foreign land
patents exists here. A land Patent has never lost an
appellate review in courts. The Supreme Court ruled
forever that the land patent would always win over any other
form of title. "A Declaration of Land Patent "CLOUDS' title
to land FOREVER; the patent carries the fee and is the BEST
TITLE known to a COl1RT OF LAW is the settled DOCTRINE of
this court. Marshall v Ladd, 7 Wall 174 U.S.)106 (1869).
VII
0
The Plaintiff purchased a piece of paper from his
:predecessor. The Quitclaim Deed (See Exhibit "@" - .
Plaintiffs Exhibit "22") which states in pertinent part:
"for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration to Grantor paid by
EWM Investments, UC, etc...Then on page 3, 4th paragraph it
states, "The Grantee is aware that the Property is being
conveyed AS IS, MUM IS, WITH ALL FAULTS AND DEFECTS,
WITHOUT.ANY EXPRESSED OR .ZMLIED WARRAN'PIES OR G[1 IRXNTL~ES AS
TO THE CONDITION, USE, HISTORY, FITNESS OR STRUCTURAL.
SOUNDNESS OF RROPERTY. -GRANTEE ASSVJWS ALL RISKS WITH
RESPECT TO THE PROPERTY.
The Plaintiff's Quitclaim Deed on page 7 under,
SUBJECT, HOWEVER, to the following:
1. Discrepancies, conflicts in boundary lines,
shortage in area, encroachments or any other matters which a
correct survey or archaeological study would disclose. .
Plaintiff and/or agent had a small tractor in part of the
aina tearing up rocks and other landmarks that remained
untouched all these years. To try to re-establish
boundaries as the grantee after the predecessor never
questioned it for over twenty years is absurd... "Where the
owner (in this case the predecessor in fraud)of land allowed
10 years to elapse after the settlement of a boundary, it
was held that she was conclusively estoppel by the decision,
owing to her own Latches. (Keelikolani v Lunalilo Trustees,
4 H. 627, 630 (1883)" Also, "Natural landmarks like rocks
are preferred to artificial bounds in fixing boundaries.
Beniamina v Clark, 3 H. 247 (1871)" There were rocks and
landmarks and now they are gone.
2. Claims arising out of customary and traditional
rights and practices, including without limitation those
exercised for subsistence, cultural, religious, access or
gathering purposes, as provided for in the Hawaii
Constitution or the Hawaii Revised Statues. The Plaintiff
acknowledged and accepts all responsibilities and hewa that
comes with the aina and the people.
3. All encumbrances of record, if any, as of the date
of filed of this instrument in the said Land Court and/or
recording of this instrument in the said Bureau of
Conveyances. When was the Bureau of Conveyances
Established? Was it in 1845? According to my research, it
was established in 1903 in Hawaii to allow the foreigners
some sort of instrument to make the land
marketable..Aole...our land is not for sale!