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Tudela v Cabrera [1968] TTLawRp 67; 4 TTR 199 (31 December 1968)

4 TTR 199

MARGARITA CABRERA TUDELA, Representing her father Jose San Nicolas Cabrera (deceased), her brother Antonio Sablan Cabrera, and her sister Carmen Cabrera Tudela, Plaintiffs

v.

JESUS SAN NICOLAS CABRERA, MARIA SAN NICOLAS CABRERA, CARMEN CABRERA AUSTIN, and ROSA CABRERA CAMACHO, Defendants

Civil Action No. 266

Trial Division of the High Court

Mariana Islands District

December 31, 1968

Action to quiet title. The Trial Division of the High Court, R. K. Shoecraft, held that where a land title was unchallenged by the evidence and properly authenticated the court is bound to accept and adopt its findings.

Administrative Law-Land Title Determination

A land title determination is an official document of the Trust Territory Government and where properly authenticated and unchallenged the court is bound to adopt and accept the findings of such title determination.

SHOECRAFT, Chief Justice

This is an action to quiet title in which there has been considerable testimony and documentation presented, including Title Determination No. 801, dated February 18, 1954, intended to show the ownership of the land involved in the said Title Determination No. 801. There has been no testimony or other evidence tending to challenge the validity of said Title Determination and no explanation given for a purported amendment of said Title Determination. Title Determination No. 801, dated February 18, 1954, is an official document of the Trust Territory Government, properly authenticated at the trial of this matter, and the court feels that it is bound to adopt and accept the findings of said Title Determination. The court, on its own motion, hereby renders the following Declaratory Judgment:-

It is ordered, adjudged, and decreed that all of the land described in the original Title Determination No. 801, dated February 18, 1954, is the property of the following persons who are the heirs of Juan T. Cabrera, deceased, and that the share or shares of those named heirs who are now deceased shall pass to and vest in the children of said deceased heirs:-

1. Jesus S.N. Cabrera, an undivided one-ninth interest
2. Joaquin S.N. undivided one-ninth interest
3. Francisco S. N. Cabrera, an undivided one-ninth interest
4. Juan S.N. Cabrera, an undivided one-ninth interest
5. Carmen S. N. Cabrera Austin, an undivided one-ninth interest
6. Rosa S.N. Cabrera Camacho, an undivided one-ninth interest
7. Maria S.N. Cabrera, an undivided one-ninth interest
8. The children of Antonio Cruz Cabrera, deceased, an undivided one-ninth interest
9. The children of Jose S.N. Cabrera, deceased, an un-divided one-ninth interest.

The previous appointment of a Land Trustee to act on behalf of the heirs of Juan T. Cabrera, deceased, is hereby revoked and is no longer of legal effect.