§172-11 - Land patents on land commission awards; to whom, for whose benefit. - Hawaii Statutes

     §172-11  Land patents on land commission awards; to whom, for whose benefit.  Every land patent issued upon an award of the board of commissioners to quiet land titles, shall be in the name of the person to whom the original award was made, even though the person is deceased, or the title to the real estate thereby granted has been alienated; and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the original award. [L 1872, c 21, §1; RL 1925, §568; RL 1935, §1587; RL 1945, §4641; RL 1955, §100-11; HRS §172-11]

 

Case Notes

 

  Land commission award held good against later royal patent.  1 H. 69; 1 H. 90.  Award cannot be collaterally attacked.  1 H. 90.  Certificate of award of land commission, with its accompanying survey, are admissible in evidence.  2 H. 202.

  Patents based as awards do not confer or confirm title of later holders.  It is merely a quitclaim interest of the government in lands.  3 H. 783; 11 H. 587, 589.

  Court is inclined not to disturb award of land commission long adjudicated.  5 H. 354.

  Mahele of 1848 considered and defined.  6 H. 195.

  Award may be to deceased person; heirs must determine their own respective rights.  15 H. 648.  Section does not authorize the issuance of grant to deceased person.  26 H. 382, 397.

  Review of case law and effect of patent.  49 H. 429, 421 P.2d 570.

  Cited:  35 H. 608, 630, 658.