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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
TRUK DISTRICT
Civil Action No. 173
KANSER
Plaintiff
v
PITOR, ERNA, and PIO
Defendants
Civil Action No. 172
KANSER
Plaintiff
v
ENITA TIKITIK, and PIO
Defendants
November 18, 1963
Actions for determination of title to land on Fefan Island, in which plaintiff claims land on basis of lineage ownership prior to civil war of 1877. The Trial Division of the High Court, Chief Justice E. P. Furber, held that plaintiff is barred from bringing action as present courts will not correct alleged wrongs occurring during former administration where appeal to authorities of that time was available; doctrine of laches estops plaintiff, and doctrine of lost grant creates strong presumption of ownership in defendants which has not been rebutted.
1. Former Administrations-Taking of Private Property by Japanese Government-Limitations
Fear of Japanese authorities is not legal excuse for failure to bring action under former administration since Japanese courts were open to land disputes.
2. Equity-Laches
Court will not reach into distant past to correct injustices which may have existed.
3. Contracts-Voidable Contracts-Undue Influence
Where out of respect, fear or awe of some traditional leader but without threat of unlawful force, one is persuaded to make agreement and receives benefit of agreement, party to agreement cannot be relieved of consequences of it.
4. Real Property-Subsequent Holders
Heirs and transferees take land subject to agreements and admissions against interest properly made by their predecessors in interest under laws and customs as they then stood.
5. Former Administrations-Applicable Law
Whether any action was legally right or wrong should be decided according to law at time action was taken.
6. Former Administrations-Redress of Prior Wrongs- Exception to Applicable Doctrine
Present administration is not required as matter of right to correct such wrongs as former administration may have done, except in cases where wrong occurred so near time of change of administration that there was no opportunity for it to be corrected through courts or agencies of former administration.
7. Trust Territory-Land Law
Law concerning ownership, use, inheritance and transfer of land in effect on December I, 1941, remains in full force and effect except insofar as it is changed by express written enactment. (T.T.C., Sec. 24)
8. Equity-Laches
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