Mahele Documents

Claim Number: 00652
Claimant: Mahana
Other claimant:Piko opposes, C.J. Kaeo
Other name:
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Maunakea St.
Statistics: 12148 characters 2210 words
No. 652, Mahana, Honolulu, July 22, 1847
N.R. 320-322v2

To the Land Commissioners, Greetings: I hereby tell you of my claim for my house lot at Honolulu, whose boundaries are properly shown on the diagram sent herewith.

This interest is an old one, founded after the sailing of Boki ma. We were living in the lot of Alapai, being the lot adjoining the mauka side. Seeing that this place was idle, I went to M. Kekuanaoa and asked for this place for myself. My Kekuanaoa consented and Kinau heard him. I returned and made this place for myself, fencing it completely and I built an adobe house there. Pika and his wahine were in difficulties because they had no place, and so I allowed them to live as my guests in this place under my authority.

I returned to Koolau and they were the only occupants of this lot, under me. Kapahi was the one who knew of my interest, and that I did not at all give and convey this place to them.

When they broke their houses and went to Koolau, without being evicted by me, the lot was left to me, the one who had the right to it.

There are many people who know of my rights at this place, M. Kekuanaoa is one, since he was the one who told me to fence this place for myself.

I am situated at this place at this time.
I am, with aloha, your obedient servant,
MAHANA X, his mark

Diagram of the house lot of Mahana in the City of Honolulu on Oahu. Here are its boundaries: North, house lot of Paniani and of Alapai; east, house lot of Alapai, also; south, house lot of John Meek and of Kaaha; west, lot of Kaaha and of Kaeo.

Beginning at the north side of the house lot of John Meek, being also the same side of the lot of Kaaha, the first side lying:

North 7° 45' West 13' 2", to the humped up place of this lot on the mauka side, also, of the lot of Kaaha, turning
North 1° 15' East 1 chain 60' 1" to the lot of Paniani, on the mauka side, also, of the lot of Kaeo, turning
North 54° East 11' 11", to the makai side of Alapai's place, adjoining the lot of Paniani, turning
South 18° 15' East 11 chains 39' 7", to the crooked place in the fence of Alapai, turning
South 26° East 29' 8" to the lot of John Meek, on the makai side, also, of the lot of Alapai, then turning to the place of beginning
South 57° 15' West 60' 9"
Containing an area of 144 fathoms, 25 feet square.
The above wall on the makai side enters into this survey.
/See diagram/ [None in this text]

F.T. 109v2
Claim 652, Mahana, counter 618, Pika, December 27, [1847]

Kapahi, sworn, I know this place which is in Honolulu, and bounded:

Makai by Kaeheva's land
On Waititi side by John Meek
Mauka by Kamahulipu's
Ewa by Paniani's.

According to my certain knowledge Mahana has the right to the land. He got it from the governor in 1837 when the roads were made. It is fenced and has no house on it. Mahana built an adobie one and hired me to thatch it; but his wife died and he went to Kolau for 2 years, and it was not finished, remaining in that state, because he married there until it fell down. Pika lived there from 1841 to 1843 and Kekaakua also. From that time to this no one has occupied the land. Mahana never lived there but he has claimed the yard. Pika paid $10 for the house, but nothing for the fence, to my knowledge. (Mahana stated that he married at Kolau, and his wife having land there, he left this place.

John Phelps, sworn, I know the place, and that the account just given of the boundaries is correct. I knew it in 1837 when it was waste. Kekuanaoa gave it to Mahana, he fenced it and partly built an adobie house. I think Pika lived there [and?] Kekaakua, under Mahana.

Kaniho, wife of Kekaakua, sworn, I know the place. It belongs to Pika. I knew it to be his in time of K ....

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.... marind tree to the Mauka side reaching the original fence had later fallen to the ground. It was enforced with mud by the people who had a lease of the place. The fence on the place which Mahana is saying as his has been moved makai of the tamarind tree whereas Mahana's original fence was laid directly to the tree allowing half of it (tree) to be on the Mauka side and the other on the makai side. This dis-carded Mahana's old boundary. Makuahine had asked Kahananui, "Would you like to check along the borders of our fence?" Mahana had answered, "That would be for me to decide; take your fence to the old place, do not move it

Kahiepu, sworn, We are hired help on the chief's chain gang days. Mahana had hired Kahawaii as the assistant tax assessor and eight of us were the laborers. We mixed the clay and Kahawaii built the enclosure while together we moved it toward the sea for one and a half feet. When it last rained, that enclosure fell apart into Kaeo's place and again Kahawaii was hired on the konohiki work days and together we built the adobe. Mahana asked Kahananui, "When are you coming to help me?" "Perhaps it's best for me not to help you," answered Kahananui, "because these people would not understand." Mahana commented, "It would be up to me, if it should be moved toward the sea, then it shall be moved. When the fence was moved to the tamarind tree, a portion of Kaeo's place was taken. I do not know when this had happened."

Kahaulelio, sworn, I had planted the tamarind tree three feet from Mahana's fence. The tamarind fruit was for Kaeo, I had done the planting only. I know that Mahana's house stood three feet from the tree in the year 1837 which was the time the roads were broken /to make way for a new road but I see now that Mahana's fence is too close to the ui /tamarind/ tree and into Kaeo's place as much as three feet. The frequency of building the adobe by Mahuna had caused his enclosure to be close to the tree boundary.

Keoni, sworn, I had seen Mahana's old fence in 1845; there was a separation of probably three feet from the tamarind tree to the fence. Recently I have seen Mahana's fence very close to the tree and he has abandoned his old boundary. Kaeo's boundary is now in Mahana's lot.

Makuu, sworn, I have known just as Keoni had Lknown/ and it is the same at this time. I had asked my husband to help with the building of the fence and that one has fallen apart since that time. I enclose; you people enclose; this will be my decision.

Kapahoanui /Mahana/, sworn, I have seen this place over which there is a dispute. I had seen it at the time of Kamehameha I. It had been a road and at the time it was broken up, Kaeo was living Makai and Kaluahinenui Mauka; and when Makai /Queen/ Street had come through, Kaeo moved toward the mountain direction close to the border of the old street where Mahana had taken up residence. Mahana enclosed the place, but Kaluahinenui denied him the building of his house there, so he complained to M. Kekuanaoa. Kekuandoa granted him his desire and Kaeo did not stir at that time even when Mahana had built his fence. Kaeo did not abuse Mahana nor did he create any problems for him. I have seen the tamarind tree grow; it was makai and the fence was Mauka. That is what I had known at that time

Paumako, sworn, This place had been a road before the death of Nahienaena. It was later that I had seen the planting of the tamarind tree. The enclosure had been built during the time the streets were being built and the tree was separated from the enclosure. The tree was makai, the fence which Mahana had built was Mauka and he has lived here to the present time. When Mahana had begun to build the enclosure, he had asked others to help him, but no one came so he worked and completed the fence himself.

[Award 652; R.P. 1915; Maunakea St. Honolulu Kona; 1 ap.; .08 Ac.]