Davis v. Brewer
Hawaii Supreme Court
in Equity. On Appeal from Decision of the Chief Justice. DECISION ON DEMURRER AND PLEA IN BAR. Bill in Equity to obtain a lot of land in Honolulu, which the respondent holds under a Royal Patent, and which the complainant claims under the following state of facts set forth in his bill: May 20th, 1847, a deed of partition was made between Wm. H. Davis, Robert G. Davis and Elizabeth Jones, of certain land which they inherited, which includes the lot claimed in this suit.
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in Equity. On Appeal from Decision of the Chief Justice. DECISION ON DEMURRER AND PLEA IN BAR. Bill in Equity to obtain a lot of land in Honolulu, which the respondent holds under a Royal Patent, and which the complainant claims under the following state of facts set forth in his bill: May 20th, 1847, a deed of partition was made between Wm. H. Davis, Robert G. Davis and Elizabeth Jones, of certain land which they inherited, which includes the lot claimed in this suit. June 3d, 1847, the complainant, on leaving the Kingdom, appointed his brother Robert his agent by letters of Attorney, with…
1Opinion of the Court
•Hartwell, J.
Parties: Angelí and C. Brewer 2d merely released their interest in the land, giving to their respective grantees all their knowledge of t the title. It is not apparent therefore that their liability to this respondent is consequent on his liability to the complainant in case his title fail; on the contrary, it would seem that the doctrine of caveat *361emptor applies to the assignment of the mortgage and conveyance by quit claim deed. As joinder of these parties does not depend upon the importance of their testimony to the respondent, for that is available for them, but on the…
2Cases cited6 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Woodcock v. BennetNew York Supreme Court · 1823
- Boyce's Executors v. GrundySupreme Court of the United States · 1835
- Lessee of Spratt v. SprattSupreme Court of the United States · 1828
- Corwithe v. GriffingNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pai 'Ohana v. United StatesDistrict Court, D. Hawaii · 1995
- Application of RobinsonHawaii Supreme Court · 1966
- In re the Estate of BishopHawaii Supreme Court · 1917
- Application of RobinsonHawaii Supreme Court · 1966
- PaiOhana v. United StatesDistrict Court, D. Hawaii · 1995