Ā§172-11Ā  Land patents on land commissionawards; to whom, for whose benefit.Ā  Every land patent issued upon an awardof the board of commissioners to quiet land titles, shall be in the name of theperson 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 allland patents so issued shall inure to the benefit of the heirs and assigns ofthe holder of the original award. [L 1872, c 21, Ā§1; RL 1925, Ā§568; RL 1935, Ā§1587;RL 1945, Ā§4641; RL 1955, Ā§100-11; HRS Ā§172-11]

 

Case Notes

 

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

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

Ā  Court is inclined not to disturb award of land commissionlong adjudicated.Ā  5 H. 354.

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

Ā  Award may be to deceased person; heirs must determine theirown respective rights.Ā  15 H. 648.Ā  Section does not authorize the issuance ofgrant to deceased person.Ā  26 H. 382, 397.

Ā  Review of case law and effect of patent.Ā  49 H. 429, 421 P.2d570.

Ā  Cited:Ā  35 H. 608, 630, 658.