Aldan v. Kaipat
Aldan v. Kaipat
Opinion of the Court
opihi°n
The plaintiff-appellee, Maria Akiyama Aldan (Aldan), filed this action for ejectment. The trial court ruled in favor of the plaintiff-appellee and the defendant-appellant, Magdalena S. Kaipat (Kaipat), appeals. For the following reasons, this Court affirms.
Aldan brought this action to eject Kaipat from Lot 1916,
The trial court found that Vicenta Rapugao sold Lot 1916 to the Akiyamas in 1938. The court concluded that when Pedro Akiyama died in 1944 title vested in his heirs.
In essence, appellant raises two issues:
1. Whether the trial court was correct in finding that Vicenta Rapugao conveyed Lot 1916 to the Akiyamas in 1938.
2. Whether the trial court properly concluded that Lot 1916 descended to the heirs of Pedro Akiyama when he died in 1944.
I. THE 1938 CONVEYANCE
In reviewing the findings of fact of the trial court this Court will not reverse unless the findings are "clearly erroneous." A finding is clearly erroneous when the entire
Aldan produced a Certificate of Title from the Office of the Registrar of the Commonwealth of the Northern Mariana Islands which showed title to Lot 1916 in the heirs of Pedro Akiyama. The basis of this title was a determination of the
It is a general rule that administrative proceedings are presumed to be valid. United States v. Roses, Inc., 706 F.2d 1563 (Fed.Cir. 1983). Aldan urges us to apply this principle and, in conjunction with the expiration of the one year appeals period, to now hold that the land title determinations of the Trust Territory Land Office are good and are forever barred from further attack. This we are hesitant to do. At the time of the hearings in question, the United States had administered the islands of the Trust Territory for less than ten years. In the
Vicenta Rapugao filed a claim with the Land Office in 1952. This is significant in two respects. First, it shows her familiarity with the Trust Territory Land Office and negates any contention that she was denied an opportunity to be heard by this office. Second, her claim in 1952 involves only Lot 1832. There is no claim for Lot 1916. This supports Aldan's position that Vicenta Rapugao sold Lot 1916 in 1938 and therefore had no reason to file a claim for it.
Aldan brought forth three witnesses who were alive at the relevant time in question and who testified that through
On or about the year 1938 Vicenta sold 1/2 of said lot [1832] to Maria Reyes Akiyama, now deceased. The heirs of said Maria Reyes Akiyama were occupying the western portion of said lot which is their property... Our mother submitted her claim in 1945 for the ■ eastern portion of Lot 1832 only. (Defendant's exhibit C),
In conclusion, the evidence presented supports the trial court's finding that Vicenta Rapugao conveyed Lot 1916 to Pedro Akiyama and Maria Reyes Akiyama in 1-938.
II. THE 1944 DESCENT OF LOT 1916
The trial court concluded 'that Lot 1916 descended to the heirs of Pedro Akiyama when he died in 1944. Kaipat contests this conclusion. Although he offers no alternative he argues
Kaipat is correct in his contention that the Japanese laws of descent and distribution were not introduced nor interpreted by the trial court. Instead the trial court apparently resorted to principles of English common law under which property undisposed of by will becomes intestate property and vests in the heirs of the decedent upon his or her death. See Glaser v. Chicago Title and Trust Co., 393 Ill. 447, 66 N.E.2d 410 (1946). The burden here is on Kaipat, as appellant, to show error on the part of the trial judges however, Kaipat does not so prove. On appeal, as well as at trial, Kaipat neither introduced evidence of Japanese intestacy law nor demonstrated that the application of such law would mandate a decision other than that reached by the trial court. Of course, his failure to make such a showing is not surprising. This Court takes notice of the fact that the island of Saipan was under siege during 1944.
For the aforementioned reasons, the decision of the trial court is affirmed.
JUDGE HERBERT D. SOLL
l>ot 1916 is bordered by the ocean on the west and Lot 1832 on the east. Lot 1832 is, and was at all relevant times, the property of Vicenta Rapugao and her heirs.
/ —The original determination made in 1953 stated title to Lot 1916 was in the heirs of Pedro Akiyama, however, since Pedro Akiyama was a Japanese national title was vested in the Area Property Custodian because Japanese nationals could not hold title to land. This decision was amended in 1956 and was the basis for this certificate.
Also known as Maria Abelina Reyes Akiyama.
A. Spoehr, Saipan: The Ethnology of a War Devastated Island, pp. 91-95 (195474
Reference
- Full Case Name
- MARIA AKIYAMA ALDAN v. RAMON KAIPAT
- Status
- Published