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No. 6729, Malu, Paunau, February 3, 1848
N.R. 414v6
Greetings to you, Kaauwai: I have a little message to you concerning my claim for a lot. At Paunau are 4 mo`o, 8 lo`i , that is my claim; my lot and the kula and the stream which it would be better to have than nothing at all.
A respectful farewell to you.
MALU
F.T. 21-22v7
Cl. 6729, Maluo, See page 129 volume 10 [Native Testimony]
Claimant is dead, his wife Kamanaha represents him. It is a claim for house lot in Panaewa, kula & kalo in Paunau, all in Lahaina. See Claim 2538 (Umiumi). There is also another house lot and kula in Paunau.
Kanana, sworn, I know the lands of Maluo on Paunau only, not the house lot. Claimant was the head man of Paunau in time of Kamehameha I, but others hold these lands. Some of them came directlto him from Kamakini, who was over him, and some from others. He obtained them about 1837. These lands consist of 4 moos of kula in one lot, two of which have been disputed by Keaweluaole, who has filed a claim with the Board of Land Commission for them; they are on the Olowalu side. There are 8 kalo patches scattered, 3 are connected with the moos spoken of, and the house lot in one piece. These 3 patches were disputed by Keaweluaole, but it was settled by the Lunaauhau of the name of Moku, who gave 1/2 to each; this is now Olowalu. The title to the house lot has been disputed by Umiumi, who sent in a claim for it in 1848.
The other patches are disputed, two in one piece by Kekuanaoa's head man, Maikai, who pulled up the kalo of the 4 & 5 patches remaining in 1848. This has been a matter of contention for many years. Maluo has however held possession on the time, and I believe the lands are truly his.
No. 6, 7, & 8 patches are disputed.
Hauola, sworn, I know the house lot of claimant in Panaewa. It is part of Kamakini's house l ....
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.... aluo (6729)
A. Moku, sworn, says he knows the kalo patch in dispute between these parties, just mauka of Umiumi's house. This was a koele patch in ancient times. I think belonging to the land of Keaweluaole. When I was tax Officer, in 1848 perhaps, I had a hearing between these parties about the patch in question. It appeared to me at that time that this patch belonged to Keaweluaole.
Umiumi, sworn, says he knows the kalo patch in dispute. It belonged to a man called Kapahumoa in the time of Kaahumanu. Soon after that, Kapahumoa left this land. Hoapili asked Kamanawa to give Keaweluaole an ili of land, and he gave him this ili which is called "Kuaipuaaiki." Keaweluaole thus become possessed of the patch now in dispute. Keaweluaole made this a poalima for himself, and it was planted by the men of the land for his benefit and not for that of the Chief.
This continued for six years when the Ahupuaa of "Paunau," in which this ili is situated, was given to Kamakini (after 1839). Kamakini made Maluo his Kanaka on this land, and he (Maluo) took away the place in dispute from Keaweluaole. Then Keaweluaole appealed to Moku, the tax officer (in 1848), who gave his decision in favor of Keaweluaole. Notwithstanding this decision Maluo refused to give up the patch, and so the matter has remained up to this time.
J. Kahula, sworn, Knows the patch in dispute. It belonged to, or was occupied by Maluo in the time of Kamehameha I. He confirms in general the testimony of the last witness. The patch in dispute belongs to Maluo (or his heirs). He cultivated this patch from the time it was restored to him by Kamakini (or Pualinui) up to his death, and his widow has held it since up to this time. The food now growing there belongs to her.
(Decided in favor of Maluo)
[Award 6729; R.P. 1778; Paunau Lahaina; 2 ap.; 2 roods 7 rods; Maluo for Kamauoha]