Kapiolani Estate, Ltd. v. Atcherley
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The facts, which involve the title to land in Hawaii, are stated in the opinion. The judgment of 1858 was right and should be enforced. “A minor on coming of age can obtain relief in equity against a guardian who in fraud of his ward, presents a claim and obtains in his own name an award of title to the minor’s land.”
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The facts, which involve the title to land in Hawaii, are stated in the opinion. The judgment of 1858 was right and should be enforced. “A minor on coming of age can obtain relief in equity against a guardian who in fraud of his ward, presents a claim and obtains in his own name an award of title to the minor’s land.” The exact point was raised and decided in the equity action in 1858, it was necessarily involved in the probate proceeding in that year, the decision of the Supreme Court of Hawaii on demurrer in 1903 declined to review…
1Opinion of the CourtJustice McKenna
Appeal to review a decree of the Supreme Court of Hawaii which reversed a decree of the circuit judge of the first judicial circuit enjoining the prosecution of an action of ejectment brought by Mary H. Atcherley, one of the appellees, against appellant for the recovery of certain described lands, decreeing that appellant had the equitable title to the lands and that appellees, including Dickey and Watson, who were made; parties pending the suit, held the naked legal title thereto as tenants in common, one-half thereof by Mary H. Atcherley and one-quarter thereof by each of the other…
2Cases cited6 opinions
- Lewers & Cooke, Ltd. v. AtcherlySupreme Court of the United States · 1911
- In re Lewers & Cooke, Ltd.Hawaii Supreme Court · 1908
- Kapiolani Estate, Ltd. v. AtcherlyHawaii Supreme Court · 1903
- Wood v. DavisSupreme Court of the United States · 1812
- In re Lewers & Cooke, Ltd.Hawaii Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Halberg v. YoungHawaii Supreme Court · 1957
- Nashua River Paper Co. v. Hammermill Paper Co.Massachusetts Supreme Judicial Court · 1916
- State v. VeikosoHawaii Supreme Court · 2003
- Kam Chin Chun Ming v. Kam Hee HoHawaii Supreme Court · 1962
11 more not listed; retrieve them via the Exa API.