Mahele Documents

Claim Number: 00744
Claimant: Kaanaana
Other claimant:Beckley heirs, Kaua oppose
Other name:
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Alakea St.
Statistics: 11399 characters 2013 words
No. 744, Kaanaana, Honolulu, October 6, 1847
N.R. 403-404v2

William Lee, President of the Land Commissioners whom the Mo`i appointed to quiet titles:
In accordance with your appointment by the Mo`i to investigate and award or deny the right to the house lot, enacted on the 10th of December, 1845, taking effect after sixty days.

Therefore, I petition you that my claim for a house lot be worked on, which is in the city of Honolulu. Its circumference is 46 fathoms, 2 feet 7 inches. It is also in the figure No. 10 in the diagram printed in the Elele in the year 1845 in Issue 14 /Oct. 79 1841/, being on the road running straight to the sea of Honokaupu, on the Ewa side of Figure No. 10, on the west, that Is the place of the lot for which I petition you, those who seek the rights of the claims.

Knowing that I have a true and proper claim, no one has objected to my living there. I have some witness whom I will bring on the day this is worked on.

To you, the Land Commissioners - the people appointed by the Mo'i for this work, William Lee, J. H. Smith, Z. Kaauwai, John Ii and N. Namauu - farewell to you all, may you live in God in true righteousness,
I am, with thanks, your obedient servant,

F.T. 217-221v2
Claim 744, Kaanaana (counter 552, 1176) Feburary 28 [1848]

Kalaikini, sworn, I know this place. It is near that of Ioane I in Honolulu, bounded:

Mauka by place of Kapena wahine
Ewa by WD. Smith's
Makai by John Sweetman's
Waititi by Cross Street.

It is fenced & has 1 house. Claimant lives in it and has done so from Mamiaia's time. when he was Governor of the fort he took it (claimant) being then vacant. I know of no counter claimant, except the heirs of Wm. Beckley, who, I think, have a claim to a small portion of it near the road. This claim has arisen from the new road.

Postponed to 3d March to hear claimant in 1176.

See [claim] 552, Kaaua.

F.T. 217-221v2
[No. 1176, 744], Same claim continued, March 3 [1848]

A.H. Fayerweather on the part of the heirs of G. Beckley and also Kaanaana & Kapena present.

A.H. Fayerweather produced his power of attorney, duly acknowledged and attested and also the will of George Beckley, giving his lands to his children.

Mr. Fayerweather, stated that this land had never been held by Kapena & Kaanaana in undisturbed possession since the laying out of Cross Street which cut off this piece of land from the lot of George Beckley. He contended that the heirs of Beckley had forbidden them to occupy this land after it was cut off and had continued to do so, as soon as a notary public had been appointed, when William Beckley, one of the heirs entered his public protest again such occupations. Thi ....

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.... property."

See page 548

N.T. 548-550v2
No. 744, Kaanaana, From page 543, March 3 [1848]

Kekuanaoa, sworn by the Bible and stated, "The map of W. Fayweather's (Fayerweather) property is correct. When the new street was being built in the year 1842, W. Beckley's (Beckley) place became a street; however, one fathom of W. Beckley's place was taken for the street and five fathoms were taken from the old road which made the sixth fathoms.

When my proposal to build a street had been approved, I had some signs made with the hope that they will agree.

Two weeks had passed and I sent Kuhuwailehua to question their thoughts and he returned with a report that they had approved.

The new street was constructed after Palaoanui came to ask me to have their fence moved to adjoin the new street and I had consented for that lot. The same was also for Kaanaana and Kapena. Later Fayweather sent some people to me because they had been quarreling and I said, "No!" to them, "Just as I have given to those people, that is it." When the street was being built, I had given that place to Pilipi and they are living there now but the natives had denied them; yet they would not come to talk with me."

Kauka Luka (Dr. Rooke), sworn by the Bible And stated, "I have seen this property. It is concerning the property of Kapena only and she has been the person who helps my wife. When her husband, Albrech, had deserted her, she had come frequently to me to solve her problems. After the construction of the new road in the year 1841 or 2 probably, her servant named Kamakanoe had come to tell me that W. Beckly's men had refused to build the wall of this disputed land so I told him to go to the governor who would tell him the proper thing to do, "Do not do anything on your own promptings," (I had said). Later, I saw him building an enclosure because the governor had consented for him to do so. At that time I had heard W. Beckly would receive for his horse another parcel (of land) on that side of the street."

I think that is the property that Pilipi is living on now. I have not heard anything new about that property, nor have I seen the document by W. Beckly rejecting this disputed land, which I think is the old road. Claimant's is four or five fathoms wide. I had helped the governor in his work on this new road when it had extended into the property of Beckly. I think it is on the side of the new street. I have not known the lot which is on the Ewa side of W. Beckly's property, a half of this disputed land adjoins W. Beckly's lot; however, how large or small (in size), I am not aware."

[Award 744; R.P. 1893; Alakea St. Honolulu Kona; 1 ap.; .12 Ac.; transferred(?) to J.H. Lafrenz]