Oliver Wendell Holmes, Jr.

“ When the supreme court of Hawaii repeats what it has been saying for many years, that the decisions of that board could not be attacked except by a direct appeal to the supreme court provided by law, no imperfect analogy, such as that of patents issued by our Land Department, is sufficient to overthrow the tradition, fortified as it is by logic and good sense. ”

“ Later the King gave the land to Kinimaka, and in 1849 the land commission adjudged it to him in fee simple. In 1856, on or shortly before his coming of age, Kalakaua filed a bill in equity in the court of land registration to establish a trust against Kinimaka, but this suit was not carried to final decree. In 1858 he proved the will of Kaniu, 2 Haw. 82, and thereafter in the same year brought another bill against the widow and guardian of the minor children of Kinimaka, who had died, which ended in a decree that the guardian convey the premises to Kalakaua. ”

“ It held that the appellant, 'in seeking to register a title depending upon the unexecuted decree in Kalakaua v. Pai and Armstrong, is, as against the holder of the outstanding legal title, in the same position as a party asking the aid of a court of chancery in executing a former decree, and it is well established that he must take the risk of opening up such decree for re-examination. ”