Territory ex rel. Bailey v. Robinson

Citations

• 25 Haw. 651
• 1920 Haw. LEXIS 8

Syllabus

<p>Public Lands — patent valid on its face — subject to attach in action at law, when.</p> <p>A patent issued in due form of law, valid on its face, may be attacked and declared void in an action at law provided the evidence shows it to be void for want of authority for its issue.</p> <p>Same — same—effect of prior grant, reservation from sale or appropriation.</p> <p>When the land covered by a patent has been previously granted, reserved from sale or appropriated the patent is void for want of authority for its issue.</p> <p>Crown Lands — effect of designating lands as such.</p> <p>Designating certain lands as crown lands had the effect of appropriating them and reserving them from sale except hy legislative authority.</p> <p>Ejectment -^-parties plaintiff.</p> <p>In an action in ejectment the fact that the complaining party is the Territory does not affect the general rule that the State is always at liberty to avail itself of all the remedies which the law allows to every person, natural or artificial, for the vindication and assertion of its rights.</p>