Booth v. Kapuakela

OPINION OF THE COURT BY

JUDD, C. J.

The question in this case appears to be whether a party who was sued in ejectment and against whom a verdict was rendered *415for a moiety of tbe land is, on a bill for partition of tlie land, estopped to sbow that a certain wooden house on tbe common estate was exclusively tbe property of her ancestor in title.

Magoon & Hidings for plaintiff. Kinney & Ballou for defendant.

Tbe Circuit Court affirmed tbe report of tbe Commissioner who made a division of tbe land, awarding one parcel to plaintiff and tbe other to defendant, tbe bouse in question being upon tbe…