Mokuai v. Kapuniai

Decision of

Judd, J.

The evidence in this case is mainly that taken in an action of ejectment brought by Isaac Hart Kapuniai against Kekupu, the *161widow of Paihewa; see 3 Hawn., 560. In that case the defendant resisted the suit, and offered evidence to show the contents of a lost deed of gift of the premises in question from Kapuniai (now deceased), the present defendant’s devisor, to Paihewa (now deceased), the present plaintiff’s father, and under whom she claims. The Full Court found that the evidence in the former suit did not prove the deed. I am asked by the bill in this case to say that…