Nahinai v. Lai
Hawaii Supreme Court
Action to recover land granted to one Makailuuwai, deceased intestate, under Land Award No. 1168, by right of descent in the plaintiff' Kapo. The evidence showed that Kapo and the defendant were co-heirs, and that the defendant had held possession since the ancestor’s death in 1852, whereupon the plaintiffs asked verdict for a moiety only. There was no evidence of rents and profits. A special verdict accordingly was taken, and the plaintiffs now move for judgment.
1Opinion of the Court
OPINION OF THE COURT BY
HARTWELL, J.
The difficulty of allowing this amendment of issue after trial seemed to me to be great, but on reflection I think that the verdict can stand and judgment be pronounced on it.
It is true that the tenancy in common entitled the defendant to the possession of the whole land, and that exclusive occupancy is not of itself enough to show hostile possession adverse to co-tenants. It is also true that the defendant went to trial not on the amended issue but on the issue of the plaintiffs being sole owners.
*318Actual ouster is always said to be required before a…
2Cases cited1 opinion
- Sanger v. ClevelandMassachusetts Supreme Judicial Court · 1813
3Cited by10 opinions
- In Re the Determination & Declaration of the Heirs of KeamoHawaii Intermediate Court of Appeals · 1982
- Smith v. Hamakua Mill Co.Hawaii Supreme Court · 1901
- Yin v. MidkiffHawaii Supreme Court · 1971
- Godfrey v. RowlandHawaii Supreme Court · 1906
- Kaahanui v. KaohiHawaii Supreme Court · 1918
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