Tago v. Sami

2 Am. Samoa 285
CourtHigh Court of American Samoa
DecidedSeptember 23, 1947
DocketNo. 33-1947
StatusPublished

This text of 2 Am. Samoa 285 (Tago v. Sami) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tago v. Sami, 2 Am. Samoa 285 (amsamoa 1947).

Opinion

DECISION

MORROW, Chief Justice.

Sami Mauga and Faafeu Mauga offered the land Vaipito in the village of Pago Pago for registration, filing a survey of such land with the Registrar of Titles. Tago Loe, Mauga S. P. and Teo each filed an objection to such proposed registration. Mauga S. P. claimed the land as communal property of the Mauga family and Teo claimed it as the communal land of the Teo family. Whether Tago Loe claimed it as his individually owned property or as communal land of his family is not clear. At the hearing however, Tago Loe claimed to own only that portion of the tract where he now has his European house and plantations.

We shall first take up the question of Teo’s title. Soliai, Teo’s principal witness, testified that in 1904 Mauga Moi-moi asked and received permission from Sitae, the mother of Soliai, to make use of Vaipito. Soliai says he heard the conversation 43 years ago. He was 18 years old then.

It was clear from the evidence that Vaipito has been occupied and used by various members of the Mauga family ever since 1906, if not before. Soliai testified that Mauga people have been on the land since 1904. Teo Falepopo, who has held the Teo title since 1906, was asked by Soliai on three different occasions to file an objection to the proposed registration but refused or failed to do so. Finally Soliai, not succeeding in getting Teo to do it, filed the ob[287]*287jection himself in the name of Teo on the last day for filing objections.

The following is an excerpt from Teo’s testimony at the hearing:

“Q. When did you become the holder of the Teo title ?
A. 1906.
Q. Were the Mauga people at that time cultivating the land Vaipito, that is the part that is surveyed ?
A. Yes.
Q. Have they been cultivating it ever since ?
A. Yes.
Q. Does Mauga render service to you ?
A. No.
Q. He does not give you anything for the use of this land ?
A. No.
Q. Never has?
A. No.
Q. Did Mauga Moimoi ?
A. No.
Q. Do you go up to the land and get food whenever you want to ?
A. I ask Mauga first.
Q. Have you always asked Mauga before you went up to the land to get food ?
A. Yes about the crops of the land.
Q. You did not go on the land to get anything without asking Mauga?
A. Never.”

It is quite clear from Teo’s own testimony that through the years he has regarded Vaipito as Mauga property and not Teo family land. The Mauga people never rendered any service to the Teo for the use of the land and the Teo people always asked permission of Mauga to go on it and get food. Such conduct is not consistent with Mauga people being on the land for more than 40 years through permission from Sitae.

The evidence shows that Mauga Moimoi, who Soliai says procured the permission from Sitae, claimed Yaipito as his own. He willed it on a number of occasions. Also he [288]*288used the land as his own and made declarations to various persons over the years after 1906 and prior to his death in 1935 that the land was his. Sami and Faafeu claim that Mauga Moimoi orally gave them the land in November, 1926. They and members of their families have had plantations on it ever since. Their occupation has been open, notorious, exclusive, actual and visible under a claim of ownership. The evidence shows that from at least as early as 1906 Mauga Moimoi occupied it under similar circumstances claiming it as his own. Such possession by Mauga Moimoi and following him by Sami and Faafeu was adverse to Teo if it ever was Teo property. See 2 Corpus Juris 50; II Tiffany on Real Property (2nd ed.) Secs. 500-504; Cook v. Clinton, 64 Mich. 309. Teo was aware of the Mauga claim for more .than 20 years.

In the case of Talo v. Tavai, No. 14-1938, this Court said:

“This Court has decided that the Statute of 21 James I, C. 16, passed by the English Parliament in 1628 limiting actions for the recovery of real property, subject to certain exceptions not here applicable, to twenty years is a part of the law of American Samoa. Talo v. Poi, No. 16-1937; Leapaga v. Taumua L., No. 8-1938. The result of adverse possession for twenty years is to divest the true owner of his title and to vest it in the adverse possessor. Maxwell Land Grant Co. v. Dawson, 151 U.S. 586, 14 S.Ct. 458, 38 L.Ed. 279. ‘... in the United States and Canada the doctrine is almost universal that possession for the statutory period not only bars the remedy of the holder of the paper title but also extinguishes his title and vests title in fee in the adverse occupant.’ 2 C.J. 251 citing in support thereof a multitude of cases from numerous federal and state courts. Referring to the interpretation of similar statutes in the various states limiting actions for the recovery of real property, Tiffany in his work on Real Property at pp. 997-8 says: ‘They have, however, with but few, if any, exceptions, been construed as operating to transfer the title to the wrongful possessor, enabling him to assert his ownership in an action of ejectment, or otherwise against the whole world, including the original owner, and as rendering nec[289]*289essary a legal conveyance in order to revest ownership in the latter, after the lapse of the statutory period.’ This interpretation of the effect of the operation of the Statute of 21 James I, C. 16 has heretofore been approved by this Court, Talo v. Poi, No. 16-1937.”

In view of the law and the evidence it is clear that if Vaipito ever was Teo property (and we have grave doubt that it ever was) the Teo has long since lost his title through adverse possession for 20 years. The period of adverse possession by Mauga Moimoi could, if necessary, be tacked to that of Sami and Faafau to make up the 20 years. II Tiffany on Real Property (2nd ed.) Sec. 508. We think that when Mauga Moimoi first began to use the land in 1904 or 1906, whichever it was, it was bushland owned by no one, and that Mauga acquired title to it under Samoan customs by openly occupying and using it, such occupation and use being accompanied by claim of ownership. The conduct of .the Teo, as he testified, in never going on the land to get things without permission of Mauga was an implied admission by Teo that the land was not his. A man does not ask another for permission to go on his own land. It is obvious to the Court that Vaipito is not Teo property and should not be registered as such.

The next question that arises is whether Mauga Moimoi, who had possession of the land and made use of it for about 20 years prior to November, 1926 (when Sami and Faafeu claim they were given the property by oral will of Mauga Moimoi) claimed to own it as an individual or as property of the Mauga title.

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Related

Maxwell Land Grant Co. v. Dawson
151 U.S. 586 (Supreme Court, 1894)
Cook v. Clinton
31 N.W. 317 (Michigan Supreme Court, 1887)

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Bluebook (online)
2 Am. Samoa 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tago-v-sami-amsamoa-1947.