Hemen v. Kamakaia

OPINION OP THE COURT BY

PREAR, J.

Tbis is an. action for breach of covenants of seisin, and of right to sell and convey in fee simple, contained in a deed made November 24, 1894, by the defendant to the plaintiff, of a portion of the land described as Lot 1, R. P. 1741, L. C. A. 734, to Jona Piikoi. It is alleged that the defendant was not seized, and had no right to sell and convey, in fee simple, because she had only a life estate or at most an estate tail, under the will of her father, said Jona Piikoi. The main question at issue, raised by demurrer, is, what estate did the defendant take…