His Majesty Kalakaua v. Keaweamahi
Hawaii Supreme Court
HEARD BY PULL COURT BY CONSENT. The plaintiffs claim in ejectment. The defense is the Statute of Limitations. The facts show that W. L. Moehonua and the defendants, his heirs, have been in possession claiming title over thirty years. It appeared that Moehonua’s wife owned the land claimed by the plaintiffs at her death in 1849, and that Moehonua was then in possession of it and claimed as her heir, and by verbal will from her.
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HEARD BY PULL COURT BY CONSENT. The plaintiffs claim in ejectment. The defense is the Statute of Limitations. The facts show that W. L. Moehonua and the defendants, his heirs, have been in possession claiming title over thirty years. It appeared that Moehonua’s wife owned the land claimed by the plaintiffs at her death in 1849, and that Moehonua was then in possession of it and claimed as her heir, and by verbal will from her. He was appointed administrator of his wife’s estate on March 13, 1852, and was never discharged ; Held, that as such administrator he was not thereby a trustee for the…
1Opinion of the Court
Opinion of the Court by
Austin, J.
A jury was waived in this case, and it came before us in tbe first instance by consent in vacation, upon an agreed statement of fact.
It is an action of ejectment to recover tbe possession of certain land situate at Puulena, Mauoa, District of Kona, in the Island of Oahu, described in Royal Patent 7,263, on Land Commission Award 6,450 to Kaunuohua, w.
The plaintiffs claim to recover, for Her Majesty Kapiolani, as grantee of the lineal descendant of the heir of Kaunuohua. The defense is a general denial, and the Statute of Limitations. The agreed statement of…
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