Holelua v. Kapu
Hawaii Supreme Court
Exceptions to Rulings op McCully, J. The grantee of the heirs of one of several joint plaintiffs in an action of ejectment, is estopped by the judgment therein, in a subsequent suit by such co-plaintiffs against him.
1Opinion of the Court
Opinion op the Court, by
Austin, J.
This is an action of ejectment brought by plaintiffs to recover lands in Honolulu, as heirs of Kane, the patentee, under Royal Patent 5,718.
The defendant Kahea Kapihi claims title to an undivided half of the said land, as grantee of the heirs of Kailiuli, the widow of Kane, and denies the heirship of the plaintiffs.
Thereupon the plaintiffs produce the record of a judgment in ejectment for an undivided half of certain lands in Honolulu, between them and Kailiuli, as plaintiffs, and the defendant Kapu, as defendant, in plaintiffs’ favor, establishing them to be…
2Cases cited2 opinions
- Minnesota Co. v. ChamberlainSupreme Court of the United States · 1866
- Wilson v. MowerMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- State v. Hawaiian Dredging Co.Hawaii Supreme Court · 1964