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Trust Territory v Camacho [1982] TTLawRp 12; 8 TTR 273 (23 November 1982)

8 TTR 273

TRUST TERRITORY OF THE PACIFIC ISLANDS, Plaintiff –Appellee

v.

CLARA T. CAMACHO, Defendant-Appellant

v.

MARCELLA F. RABAULIMAN and FRANCISCA F. METTAO, Defendant-Intervenors

Civil Appeal No. 312

CLARA TAMAN CAMACHO, Plaintiff-Appellant

v.

MARCELLA F RABAULIMAN, et al., Defendant-Appellees

Civil Appeal No. 314

Appellate Division of the High Court

Northern Mariana Islands District

November 23, 1982

Appeal from trial court judgment in consolidated cases involving dispute over ownership of land. The Appellate Division of the High Court, Gianotti, Associate Justice, held that six-year statute of limitations barred land trustee, for heirs of landowner who signed a land exchange agreement, from contesting validity of agreement, and twenty-year statute of limitations barred heirs In another action from bringing suit to be declared owners of either the land exchanged or the land received in the exchange agreement, and trial court judgment was therefore affirmed.

1. Appeal and Error-Scope of Review-Weight of Evidence

The Appellate Division will not reweigh the evidence as to factual matters which have been tried and decided in the trial court.

2. Limitation of Actions-Recovery of Land

Land trustee for heirs of landowner was barred by six-year statute of limitations from contesting title of government to land which was the subject of a land exchange agreement with government signed by landowner more than twenty years previously. (6 TTC § 305)

3. Limitation of Actions-Recovery of Land

Heirs of landowner who signed a land exchange agreement with the government were barred by twenty-year statute of limitations from bringing suit to be declared owners of either the land exchanged or the land received by landowner, where they made no effort to become parties to any suit until seven months after 20-year period had passed. (6 TTC § 302)