Mahele Documents

Claim Number: 00085
Claimant: Phillips, Thomas
Other claimant:
Other name:
Island: Oahu
District: Kona
Ahupuaa: Nuuanu
Ili: Kaimuohena
Statistics: 15515 characters 2674 words
Claim No. 85, Thomas Phillips, September 8, 1846
F.R. 79v1

The original deed deposited with the Board, See page 401, volume II (2)

F.R. 93-94v1
No. 85. Thomas Phillips, claimant

[Margin note]: Original document in Native Register Page 163.

I, Kamehameha III, hereby transfer & confirm forever to Thomas Phillips and his Sandwich Island born heirs; a certain piece of land situated in the valley of Nuuanu in land from Honolulu by the name of Kaimauhena.

Said land to belong to Thomas Phillips and his Sandwich Island born heirs forever more, together with all the privileges belonging to said land.

It is also hereby agreed that said land shall never be transferred to any alien or non-resident of the Sandwich Islands.

In testimony whereof we have hereunto set our hands and seals this 19th day of September 1840 at Lahaina Maui,
Signed, Kamehameha, Kekauluohi, Thomas Phillips
(a copy)

(a survey connected after received JHL, Sec)

N.R. 163-164v1
No. 85, Thomas Phillips

I, Kamehameha III do hereby convey absolutely to Thomas Phillips and his heirs born here in Hawaii, a certain parcel of land at Nuuanu, mauka of Honolulu, called Kaimuohena.

Said land and the rights pertaining thereto, to Thomas Phillips and his heirs born here in Hawaii, shall be for them forever.

It is agreed that the land shall not be conveyed to a haole and one who does not reside in Hawaii.

In witness whereof we sign our names and set our seals on this 19th day of September, 1840, at Lahaina, Maui.

F.T. 79v1
Claim No. 85, Thomas Phillips, September 3 [1846]

The original deed deposited with the board
See page 401, volume II (2)

F.T. 401-404v2
Claims No. 85, Thomas Phillips & 273 Joseph Booth, July 28 [1848], counter claims relating to boundaries of land in Nuuanu

Kaehuholoewa, sworn, I know this land of Mr. Phillips called "Kaimuohena," and its bounds. I know also Kiwalo and its bounds; the land of J. Booth. It is large and I have known its boundaries from time of Kamehameha II.

The land of Kaimuohena runs from the valley of Nuuanu up the ridge on right hand of valley going up nearly to the very summit of the ridge but not quite, and then it meets the land of Kiwalo. The point where a stone will roll down into Nuuanu Valley is the dividing line between Kaimuohena and Kiwalo. The line is well defined by scattering stones. There is a wall on the line. All on one side of this land (line probably) is Kiwalo, and all on the other side is Kaimuohena. The true line is above the wall now built, between Phillips & Booth. I went with Metcalf, Phillips and Hooliliamanu, luna auhau when Metcalf made the survey, and pointed out the true bounds of Kaimuohena, which I am sure extends up to where a man can walk along; he cannot walk along this side, but only on or very near the top of the ridge.

[margin note:] a question by Booth.
I never lived on Phillips' land. He asked me to give testimony. This is all he said to me; he never said he would give me anything for the testimony, nor instructed me what to say.

Kalai, sworn, I know the bounds of Kaimuohena & Kiwalo. Kaimuohena runs up the ridge to where men used to sit for birds; the top of it. I know the bounds well for may years; ever since Kamehameha I. I, my father, and grandfather lived on Kaimuohena. Kiwalo does not come down the ridge.

Kaa, sworn, I know the boundaries of both lands in dispute - ever since Kamehameha I. I and my ancestors lived on the land.

Kaimuohena extends up the ridge to the right of Nuuanu Valley, the dividing line is this: whenever a stone would roll down to Nuuanu Valley, there is the land Kaimuohena, andwhen it would ....

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John White, sworn, I am english, and have been 50 years in the islands. I came in 1799 in the ship Duff from China. I never heard the term "Ke kakai pali" used before today. The foot of a pali as I have heard it used on Maui is "Ke kumu o ke pali" and the top is Ke walau o ke pali.

Eagle Tavern lot, continued page 513 [No. 272]

N.T. 170-173v3
No. 35!, Thomas Phillips & 273 Joseph Booth, July 28 [1848]

From page 110, Vol. I From page 525, Vol. II
Kaehuholohewa, sworn and stated, "I have seen Phillips' land named Kau-muohena at Nuuanu. I have seen Kewalo, the land of Joseph Booth. The division of Kaumuohena and Kewalo is at a place called Kapuukamanu and the second boundary of these lands is a well, situated on the flat of Pauoa. The stone wall which is enclosing the property of Phillips' is not the boundary of J. Booth's land. I am one of the persons who went with the Caucasian land surveyor and pointed out the boundaries. Hooliliamanu also went on this surveying."

Halai, sworn and stated, "I have seen the boundary of Kaumuohena and Kewalo. It is at a place called Kapuukamanu on the flat of Pauoa and the fence enclosing the property of Phillips' is not the boundary of Joseph's land. I have seen this boundary since the time of Kamehameha I and I had lived there a long time with my parents who are dead now."

Kaaa, sworn and stated, "I have seen the division of Kaumuohena and Kewalo. The flat is lying between these lands; the flat is Kapuukamanu. I had lived there with my parents a long time ago during the reign of Kame-hameha I. If the rock is on this side of Nuuanu stream, it is for Kaumuohena and if it is on the other side, it is for Kewalo. I am living on Kaoo's place at the present time."

Kuluwailehua, sworn and stated, "In the year 1842, 1 had looked at the property of Joseph Booth at Pauoa and according to the statements of the witnesses thus: wherever the rock rolls and lands, that would be the end for Kewalo, so I did some work there. The same was said by the witnesses of the lot by Nuuanu stream; that is, wherever the rock rolls and remains intact, that would be for Kewalo. Therefore, I built and secured the stone wall which stands there. These statements by these witnesses are the same as Phillips' testimony. "

Kaehuholohewa said, "I did not come to indicate the boundary of these lands at that time because I was ill, but I did tell Kuluwailehua that the boundary of Kaumuohena is Kapuukamanu. At that time Kuluwailehua's fence had not yet reached Kaumuohena. Halai and Kaaa have said that they did not tell Kuluwailehua those thingi."
Kekaha sworn and stated, "I have known the boundary of Kaumuohena and Kewalo since the time of Kamehameha I. If the rock rolls from the cliff and collects at the Nuuanu stream, then Kewalo would cease to exist."

Kailaa. sworn and stated, "The boundary of Kewalo and Kaumuohena is that Kewalo would cease to exist when the rock rolls and lands."

Kauaoki, sworn and stated. "The boundary of Kewalo and Kaumuohena is the enclosing fence and that is the first boundary; however, it extends in the direction of the sea of Kapuukamanu. The boundary stops here."

Kaahakai, sworn and stated, "I have not known the boundary of Kewalo and Kaumuohena."

Koiamai, sworn and stated, "I have seen the boundary of Kaumuohena and Kewalo; it is Kapuukamanu, then Kaumuohena extends until it merges with Kewalo. I have seen the fence Kuluwailehua had built and it had reached the lot just mauka of Phillips' land, but it did not get into his land."

See pg. 195[No. 273, Joseph Booth]

[Award 85; R.P. 1359, Kaimuohena Nuuanu Kona; 1 ap. 51.25 Acs]