Home | Databases | WorldLII | Search | Feedback Reports of the Trust Territory of the Pacific Islands

  Download original PDF

Penno v Hartmann [1957] TTLawRp 3; 1 TTR 608 (26 April 1957)

APPELLATE DIVISION OF THE HIGH COURT

Civil Appeal No.7

PENNO
Appellant

v

ALBERT HARTMANN, et al.
Appellees

April 26, 1957

Appeal from the Trial Division of the High Court, Truk District, involving a land dispute. The Appellate Division of the High Court, in a Per Curiam opinion, held that possession for over seventy-five years and recognition of title by German authorities are sufficient to determine title.

Affirmed.

Former Administrations-Recognition of Established Rights

Where land claimants have been in possession of land for over seventy-five years and their title was recognized specifically by German authorities, they have title.

Before SHRIVER, MANIBUSAN, Temporary Judges

PER CURIAM

This is an appeal from the Truk District involving a dispute over land. The trial court did not enter findings of fact and conclusions of law but decreed that the ownership of the Island of Tarik, also known as Tatu, in the Truk lagoon, was in the heirs of August Hartmann. From this decree Penno appeals.

We affirm since it is clear from the transcript that as against the appellants, the appellees have been in possession of the questioned land for over seventyfive years, through Spanish, German, Japanese and American control. Their title was recognized specifically by the German authorities in 1907.

There is no merit whatever in the appeal.