REAL PROPERTY-THE DOCTRINE OF PRESUMPTION OF GRANT AS A SUBSTITUTE FOR THE STATUTE OF LIMITATIONS

Defendant claimed ownership of a barren island named Palmyra through a series of conveyances extending back nearly eighty years, but his chain of title was defective in that no grant away from the Hawaiian government was shown. He and his predecessors had paid taxes for many years, but had occupied the island only during occasional visits and had made no sustained efforts at commercial exploitation. The United States brought an action to quiet its title as successor to the Hawaiian government but the district court ordered title quieted in defendant on the basis of a presumed grant, and the Circuit Court of Appeals affirmed. On certiorari, held, affirmed.

Continuing claim of ownership can raise a presumption of grant. Actual occupancy is not required if the land in question is not suitable for occupancy. United States v. Fullard-Leo, 331 U.S. 256, 67 S.Ct. 1287 ( 1947 ).