Legal Opinion
Lindsey v. Kainana
Hawaii Supreme Court
Decided February 28, 1879PublishedCited by 4 opinions
ON EXCEPTIONS PROM THE CIRCUIT COURT OP THIRD JUDICIAL DISTRICT, NOVEMBER TERM, 1878. A judgment in a District Court not having been docketed in the office of the Clerk of the Supreme Court, the execution issued thereon and Sheriff’s sale of the land attached are Illegal and void. In this Kingdom a judgment of a Court of Record is not a Hen upon real estate in the nature of a subsisting encumbrance.
1Opinion of the Court
Opinion of a majority of the Court by
Me Cully, J.
The following bill of exceptions was allowed by Mr. Justice Judd:
“This cause coming onto be heard before Mr. Justice Judd on the ninth day of November, 1878, and after the introduction of the Royal Patent No. 2,122, description of the land in- dispute, deed of J. W. Kahiamoe, the patentee, to *166Geo. K. Lindsey, and bis last will and testament, and proof of tbe value of tbe land by S. Kipi, and evidence of tbe plaintiff as appears by record of tbe presiding Judge, tbe plaintiff rested.
“ Upon tbe part of tbe defendant it was sought to be proved…
2Cited by4 opinions
- Mist v. KaweloHawaii Supreme Court · 1901
- Nichols v. Wah Chong SunHawaii Supreme Court · 1925
- United States v. MerriamCourt of Appeals for the Ninth Circuit · 1908
- In re S. Ah MiDistrict Court, D. Hawaii · 1907