Kekula v. Pioeiwa
Hawaii Supreme Court
ON QuESTION RESERVED. The Plaintij'i' was the issue of a woman by a man not her husband, he being married to another woman. On the death of his wife, he married plaintiff’s mother; Held, that the Act of 1866, that children born out ’of wedlock are rendered legitimate on the marriage of the parents with each other, does not apply to this case, and the plaintiff being the offspring of #n adulterous intercourse is not legitimate, and cannot inherit from her putative father.
1Opinion of the Court
Opinion of the Court by
Judd, J.
This is a suit of ejectment for the possession of one undi-wided half of a tract of land of one hundred and seven acres in vthe District of Koolau, Maui, granted to one Manu by Royal Patent No. 3,066, and the plaintiff claims the same as being a daughter of Manu, now deceased. The defendant, Pioeiwa, is a minor, and his guardian ad litem disclaimed all right of possession to the -land.
The defendant, Paku, made no answer and was defaulted. Upon 'the testimony of the plaintiff, presented ex, parte to the Court, it appeared that Manu had a wife, Lohelohe by name,…
2Cited by4 opinions
- Kealoha v. CastleSupreme Court of the United States · 1908
- McMillan v. GleasonHawaii Supreme Court · 1926
- In re Look Wong ex rel. Look SayDistrict Court, D. Hawaii · 1915
- McMillan v. GleasonHawaii Supreme Court · 1926