Un Wong v. Kan Chu
Hawaii Supreme Court
Exceptions to Rulings oe McCully, J. Ejectment under our statute is not merely a possessory action; it tries the title as well. It is enough to show that the persons in actual occupancy are holding under the adverse claimants in the suit.
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Exceptions to Rulings oe McCully, J. Ejectment under our statute is not merely a possessory action; it tries the title as well. It is enough to show that the persons in actual occupancy are holding under the adverse claimants in the suit. Where plaintiff claimed the whole land, but the verdict was for an undivided half; held the verdict was proper; foilowing Nahinai vs. Lai, 3 Hawn., 317. A surviving partner holds partnership property to pay firm debts, after which the share of the deceased partner goes to his heirs or administrators.
1Opinion of the Court
Opinion oe the Court, by
Judd, C. J.
This is an action of ejectment by the administrator of the estate of Pauoa, deceased, to recover possession of certain premises on Hotel street, Honolulu, claimed by plaintiff under an unexpired lease from Kaanaana, defendant.
The case was tried at the July Term, 1884, of this Court, and resulted in a verdict for plaintiff for one undivided half of the land.
*226It appears by the evidence that defendants were not in actual possession of the premises, but that the defendant Kan Chu, as the lessee of Kaanaana, had sublet the rooms in the house on the land by the…
2Cases cited1 opinion
- Smith v. Doe ex dem. WalkerMississippi Supreme Court · 1848
3Cited by6 opinions
- Carter v. Ah SoHawaii Supreme Court · 1899
- Fong Hing v. YamaokaHawaii Supreme Court · 1930
- Makainai v. LalakeaHawaii Supreme Court · 1928
- Hale v. MaikaiHawaii Supreme Court · 1899
- Bertelmann v. LucasHawaii Supreme Court · 1929
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