Kela v. Pahuilima
Hawaii Supreme Court
Exceptions to Rulings op Judd, C. J. Defendant bought land from one in possession, but the grantor had no title; subsequently plaintiffs acquired title by inheritance and purchase; defendant, having built a house on the land, claimed an equitable estoppel in his favor against plaintiffs. Held, that defendant acquired no title by the deed from his vendor, and that the plea of estoppel failed entirely.
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Exceptions to Rulings op Judd, C. J. Defendant bought land from one in possession, but the grantor had no title; subsequently plaintiffs acquired title by inheritance and purchase; defendant, having built a house on the land, claimed an equitable estoppel in his favor against plaintiffs. Held, that defendant acquired no title by the deed from his vendor, and that the plea of estoppel failed entirely. Plaintiffs’ delay in claiming their rights held not to amount to laches, the statute of limitations not having fully run. Kamohai vs. Kahele, 3 Hawn. 533, distinguished.
1Opinion of the Court
Opinion op the Court, by
McCully, J.
Action of ejectment tried at the last October Term.
The defendant excepts to the refusal of the Court to give the-following instruction:
(1.) If the jury find that the plaintiffs, by their silence in-regárd to their rights in the land, allowed or led the defendant into dealing with the apparent owner, Pahuai, improving the land with his (Pahuai’s) consent, and finally acquiring a supposed title therein by purchase, the defendant’s title therein is secure.
(2.) If a person having a claim in premises that are in possession of another, under license of a third…
2Cases cited1 opinion
- Boggs v. Merced Mining Co.California Supreme Court · 1859
3Cited by5 opinions
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- Hawaiian Commercial & Sugar Co. v. Kahului RailroadHawaii Supreme Court · 1899
- Macfarlane v. DamonHawaii Supreme Court · 1896