Naoro v Inekis [1961] TTLawRp 17; 2 TTR 232 (3 October 1961)

2 TTR 232

NAORO and
PIOS,
Plaintiffs

v.

INEKIS H.,
Defendant

Civil Action No. 185
Trial Division of the High Court
Truk District

October 3, 1961

Action for determination of title to land on Fefan Island, in which plaintiffs claim land as heirs of former owner and defendant claims land as vendee from former owner. The Trial Division of the High Court, Associate Justice Paul F. Kinnare, held that evidence sustained valid sale of land and that title was in defendant.

1. Trust Territory - Land Law - Limitations

Twenty-year limitation on actions involving land or interests therein is not yet applicable in Trust Territory since, for purpose of computing time, any cause of action existing on May 21, 1951, is considered to have accrued on that date. (T.T.C., Sec. 324)

2. Courts - Judicial Notice

Courts will not ordinarily take judicial notice of value of real estate.

3. Courts - Judicial Notice

Courts will take judicial notice of matters of common knowledge relating to value of real property generally.

4. Courts - Judicial Notice

Courts will take judicial notice that certain amount of money was extremely low for sale of land at prior time.

5. Evidence - Declaration Against Interest

Statement by vendor that he sold land rather than retained it is declaration against interest.

6. Evidence - Declaration Against Interest

Declarations against interest are received in evidence, notwithstanding they are hearsay, since reliability of declarations is dependable because person does not ordinarily assert facts which are against his own pecuniary interest.

7. Evidence - Self-Serving Declaration

Statements to plaintiffs outside of court may be self-serving declarations which are properly received in evidence, but they cannot be accorded same weight as declaration against interest.

8. Real Property - Quiet Title - Presumption of Ownership

Long and undisturbed occupancy and use of land raise presumption of lawful origin of ownership.

KINNARE, Associate Justice

FACTS

This action involves the land Fannim, located in Saporelong Village on Fefan Island, Truk District. Both plaintiffs and defendant trace title from Tomas, the plaintiffs claiming as his heirs and the defendant as his vendee. The relationships involved are not important in this action.

The parties agree that at one time (plaintiffs allege about 1933-according to the defendant, in 1927) Tomas owed Kinsang eleven (11) yen. To pay this debt Tomas got eleven yen from Sopo, who advanced this sum from funds belonging to Inekis. The issue in this case is the agreement, of which Inekis was the beneficiary, made between Tomas and Sopo at the time the eleven yen changed hands.