MWC – Chapter 92 Adverse Occupation

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First Courtroom

In the defendant’s seat, only Kawashima Ki was present because none of the other defendants had appeared in court, having left Donghai. Since the court’s temporary injunction had not been enforced, Judge Christine immediately announced the initiation of a simplified trial procedure, which did not require a jury.

Lu Ming presented the reasons why Katsura Ayaka should inherit the estate. According to Imperial law, a will that restricts the remarriage freedom of a surviving spouse is invalid. 

Lu Ming elaborated that Katsura Ayaka had lived in Donghai for over a decade, and all the estate assets were originally located within Donghai. Thus, the inheritance should be governed by Donghai’s laws and regulations. As the sole heir in the first order of succession, Katsura Ayaka should inherit her deceased husband’s entire estate.

Kawashima Ki actively defended, arguing that both Katsura Ayaka and Kato Sanri were citizens of Japan, and therefore Japanese laws and customs should apply to the inheritance. However, he seemed displeased with his clients’ decision to flee, which he could not influence.

After a ten-minute recess, the court reconvened, and Judge Christine ruled in favor of the plaintiff, Katsura Ayaka, granting her full inheritance of her late husband’s estate.

Kawashima Ki shot a cold glance at Lu Ming, ready to leave.

Lu Ming stood up: “Your Honor, there’s also the matter of the ownership of Pearl Island and several other reefs!”

Judge Christine glared at him: “The inheritance clause nineteen, the Pearl Island grant by Duke Charles III, as an artifact, also belongs to the plaintiff. Did I not make that clear?”

Lu Ming coughed: “Your Honor, I am referring to the ownership of Pearl Island itself! That grant is not merely an artifact but also carries some legal weight, doesn’t it?”

“Whether it has legal weight or not, you can pursue in a separate claim. It is not part of this inheritance case.”

Judge Christine picked up her gavel, ready to adjourn.

“Your Honor, just two minutes!” Lu Ming raised his hand.

Christine, initially reluctant to entertain him, seemed to reconsider. She put down her gavel, “Fine, state your case!”

Kawashima Ki was taken aback. The famously impartial Chief Justice of Beiguan, a former princess or royal consort, and the daughter of the current Duke of Donghai, was allowing this? Many only knew she had a mysterious, powerful background but did not realize she was a significant member of the Charles family of Donghai. Few knew her father was the current Duke Charles IX, and her former husband was an important prince. After a scandal involving slave mistreatment, she had divorced him shortly after marriage, causing a significant stir among the nobility.

Kato Shio and his companions, unaware of Judge Christine’s background, thought returning to Japan would solve their issues. They would likely face consequences they hadn’t anticipated.

This information was something Kawashima had overheard from a significant client and couldn’t risk sharing, lest he face severe repercussions himself. 

During the initial ruling, he hadn’t resisted much. But now, seeing Lu Ming play a new card, he wondered why the esteemed judge was wasting time listening to this nonsense.

On the plaintiff’s side, Lu Ming was initially surprised but saw an opportunity to present his case more thoroughly. If other judges discussed these arguments later, it would benefit his client’s case.

“Land and islands’ ownership, before the Great Reclamation era, was often in the hands of our nobility,” Lu Ming began. “A noble might own an entire city, but with limited populations, much land lay fallow. Centuries ago, nobles heavily exploited tenant farmers’ yields.”

“To change this, the Great Emperor issued several decrees, leading to the Great Reclamation era. During this period, any land cultivated for a year without the owner’s objection became the cultivator’s property. This aimed to transform wastelands into productive land.”

“The spirit of these decrees continues today. For example, under the Bolient Land Act, if a house is vacant and someone occupies it for ten years without the owner collecting rent, and the occupant has tried to find the owner, the house becomes theirs. This prevents waste of societal resources.”

“I believe this principle can be termed ‘adverse possession.’ In the case of Pearl Island, this principle applies. Over five hundred years ago, the island had a grant from Duke Charles, creating a potential ownership dispute. But for centuries, no owner or heir claimed the island until my client, Ms. Katsura Ayaka.”

“For over two centuries, Donghai fishermen have used it as their fishing ground. Hence, the fishermen are the adverse possessors, and my client is the original owner. The issue of adverse possession must be decided by you, Your Honor. If it applies, Pearl Island legally belongs to Donghai fishermen. If not, it belongs to my client, Ms. Katsura Ayaka.”

Lu Ming had clear information from Wang Zili and Wang Wushu that Japanese fishermen only began using Pearl Island waters a century ago. Therefore, under adverse possession, either the Donghai fishermen or Katsura Ayaka should own the island.

If the court recognized adverse possession, Japanese fishermen had no claim. If Katsura Ayaka was granted ownership, it would essentially be his, as the grant document was part of the estate he managed. Hence, he felt confident in any further legal battles over the island.

Seeing Judge Christine’s silence, Lu Ming felt there might be gaps in his argument and continued to elaborate for nearly an hour until he was parched.

“Your Honor, I’m finished,” Lu Ming finally said, noting Christine’s continued silence.

“Are you sure you’re done?” she asked flatly.

“Yes… I am,” Lu Ming replied, still contemplating possible flaws in his reasoning.

“Very well, you can repeat these arguments in a new claim,” Christine said, banging her gavel.

The court assistant, initially stunned, stood up and declared, “Court adjourned! All rise for the honorable Judge Christine.”

Lu Ming was left bewildered, feeling almost insulted, as if she was playing with him. Kawashima Ki, on the other hand, smiled slightly, respectfully watching Christine leave before shaking his head sympathetically at Lu Ming and departing.

Despite this, Kawashima couldn’t deny that Lu Ming’s arguments were compelling and insightful. He realized that facing Lu Ming in court would be challenging and was relieved this case ended without direct confrontation. 

Lu Ming, still fuming, noticed some attendees whispering about him. Unbeknownst to them, Judge Christine, behind the curtains, bit her lip and smiled mischievously, softly murmuring, “Adverse possession, hmm, interesting…”