R. W. Meyer, Limited v. Territory of Hawaii

R. W. Meyer, Limited, hereafter Meyer, appeals from a decision of the Supreme Court of the Territory of Hawaii, holding that the title to forty-one fifty-fourths of a certain tract of land on the Island of Molokai is not in Meyer.

The land in question is situated in the watershed of a river flowing in a general northwesterly direction between two ranges of mountains. It is at the head of Waihanau Valley above where the river runs over a cliff. At this point the Territory has a tunnel for the intake of water which it supplies to certain towns, the water being appurtenant to the title of the land in question. The Territory had spent upwards of Two Hundred and Fifty Thousand Dollars on its water system.

The case began in an application by Meyer in the Hawaiian land court, having the powers elsewhere exercised in administrative bodies under the Torrens land system, the Territory having consented to its being sued. The proceeding there is in the nature of a suit in equity to determine title. In re Atcherley, 24 Haw. 507 ; In re Title of Pa Pelekane, 21 Haw. 175 .

The Meyer corporation claimed title under a royal patent No. 3437 to one R. W. Meyer, signed by King Kalakaua on October…