Legal Opinion
Awa v. Horner
Hawaii Supreme Court
Decided February 24, 1886PublishedCited by 7 opinions
Question Reserved by Preston, J. There being no feudal tenures in this Kingdom, the reason for the common law rule of joint tenancy has no existence here. A Grant by Royal Patent to two persons and their heirs, held to create a tenancy in common.
1Opinion of the Court
Opinion oe the Court, by
Judd, C. J.
The case comes to this Court on the following statement by Mr. Justice Preston from the present term:
“This is an action of ejectment to recover one undivided moiety of a parcel of land containing 112 acres, situate in Kekua-lele and Kaiuikuoiki, Hamakua, Hawaii, which the plaintiffs claim as the heirs-at-law of one Haili, one of the patentees of the land. '
“The plaintiffs produced a royal patent (Grant), No. 2,439, issued to Pi and the said Haili, their heirs and assigns, and claimed that the patentees were tenants in common.
“ The defendants, on the…
2Cited by7 opinions
- Omerod v. Heirs of KaheananuiHawaii Supreme Court · 2007
- Petran v. AllencastreHawaii Intermediate Court of Appeals · 1999
- Kupau v. Waiahole Water Co., Ltd.Hawaii Supreme Court · 1945
- Ellis v. Fusao YumenDistrict Court, D. Hawaii · 1971
- Lui v. KaleikiniHawaii Supreme Court · 1896
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