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Lusama v Eunpeseun [1955] TTLawRp 5; 1 TTR 249 (29 March 1955)

TRIAL DIVISION OF THE HIGH COURT

PONAPE DISTRICT

Civil Action No. 29

FRIDORIHG LUSAMA, PENANSIUS
(also known as PENANSIO) and ANNA
(also known as KETINIESELANG)
Plaintiffs

v

EUNPESEUN (also known as KIRJTIAN)
Defendant

March 29, 1955

Action to determine ownership of the land in Metalanim Municipality, in which plaintiffs claim that their father conveyed land to them, that they inherited it on his death, and that later conveyance to defendant was invalid. The Trial Division of the High Court, Chief Justice E. P. Furber, held that defendant transferee was entitled to land where prior conveyance to plaintiffs was in consideration of agreement to support which plaintiffs grossly failed to perform, causing conveyance to fail and permitting transferor to convey land to defendant. Court further held that failure of American Administration to consent to latter conveyance did not invalidate transfer, but gave defendant right to be treated as title holder as against all persons except government.

1. Ponape Land Law-German Land Title--Presumption of Ownership

Presumption that person in whose name German land title is issued, is owner of land on Ponape Island can be overcome by clear evidence showing that he is under legal obligation to recognize certain rights of others in property.

2. Ponape Land Law-Obligation to Support

Agreement by transferee of land to take care of transferor is clearly in accord with Ponape custom and public policy recognized by Japanese Administration.

3. Ponape Land Law-Obligation of Support

Where there is clear showing of agreement to support and a gross failure to perform agreement by transferee, transfer may be cancelled and land transferred to another.

4. Contracts-Recission

Under American common law, conveyance of land in consideration of agreement to support may be cancelled if transferee substantially fails to perform his agreement.

5. Ponape Land Law-German Land Title--Succession

Under German title, prospective interest of eldest son in land on Ponape Island may be cut off by transfer by title holder to someone else with approval of Nanmarki and Governor.

6. Ponape Land Law-German Land Title-Approval of Transfer

Where American Administration has not set up method for obtaining consent of Governor necessary for transfers of German land titles to land on Ponape Island, effect is that administration tentatively consents to determination of Nanmarki in such matters, although government is not prevented from taking other action later, and transferee has right to be treated as title holder as against all persons except government.

FURBER, Chief Justice

FINDINGS OF FACT