Bertelmann v. Lucas

OPINION OP THE COURT BY

BANKS, J.

This is a statutory action brought by plaintiffs out of possession to quiet their alleged title to certain lands situate on the Island of Kauai. The defendants filed pleas in abatement. The ground upon which the abatement was asked ivas the pendency of a prior action in eject-, ment in the first circuit, between the same parties, involving the same lands. The pleas were sustained and the action ivas dismissed. The plaintiffs have brought the case here on exceptions. The first pleas in abatement that were filed were demurred to on the ground that they were…