Hapai v. Brown

*21OPINION OF THE COURT BY

PERRY, J.

This was a statutory action to quiet title. The plaintiffs as well as the defendants claimed through one Keaka whose will was admitted to probate in 1868. At the first trial, during the presentation of the plaintiffs’ case in uhief, Keaka’s will was received in evidence and defendants thereupon moved for judgment in their favor on the ground that one Paakuku, through whom they claimed (the plaintiffs’ title was derived from the brothers and sisters of Paakuku), was therein named as sole devisee of the land in controversy. The motion was granted and judgment…