Kauhikoa v. Hobron
Hawaii Supreme Court
Question Reserved by McCubby, J. Defendants held certain land as devisees by virtue of the adverse possession of their testator and two others. Plaintiff claimed half the land, as tenant in common with defendants’ testator. Defendants, at the trial, moved the Court to direct a verdict for them, on the ground that their testator was the survivor of the three disseisors. The Court reserved the question.
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Question Reserved by McCubby, J. Defendants held certain land as devisees by virtue of the adverse possession of their testator and two others. Plaintiff claimed half the land, as tenant in common with defendants’ testator. Defendants, at the trial, moved the Court to direct a verdict for them, on the ground that their testator was the survivor of the three disseisors. The Court reserved the question. Held, that defendants’ testator, being the survivor of joint disseisors, became solely entitled to the land.
1Opinion of the Court
Opinion oe the Court, by
Preston, J.
This is an action of ejectment to recover an undivided half of *492a piece of land situate in Kalia, Waikiki, Oahu, and described in Royal Patent No. 3441, to one Alapai.
The case was' tried at the last July Term, before McCully J. and a mixed jury, when a verdict was returned in favor of the plaintiff.
The plaintiff claimed through Kuheleloa (w), the wife of the defendant Hobron’s testator, Kalaeone, who survived her. The plaintiff is the sole surviving heir-at-law of Kealii (k), who was the brother of Kuheleloa.
In a previous suit {ante 104) brought against the…
2Cases cited1 opinion
- Vance v. VanceCourt of Appeals of Kentucky · 1859
3Cited by4 opinions
- Yin v. MidkiffHawaii Supreme Court · 1971
- Kaahanui v. KaohiHawaii Supreme Court · 1918
- Peters v. KupiheaHawaii Supreme Court · 1952
- Magoon v. Hong Yee ChuckHawaii Supreme Court · 1930