Kupau v. Waiahole Water Co., Ltd.

OPINION OP THE COURT BY

LE BARON, J.

After trial, jury waived, of appellant’s action to quiet title to a portion of certain lands, the trial judge denied appellant’s claim and confirmed that of appellee, whereupon appellant excepted to the judge’s decision and judgment.

The pertinent facts are undisputed. The original grantor, Sylvester Cullen, had two sons, Sylvester, Jr., and James. By deed in 1885 for the consideration of one dollar and natural love and affection he “granted, bargained and sold” to them as cograntee parties the certain lands, together with inter alia “all the estate, right,…