Paulo v. Malo
Hawaii Supreme Court
ON EXCEPTIONS. The occupation" of land of a decedent m this Kingdom, in 1819; before the enactment of the statutes of descent, by a widow, is not necessarily as dowress and may be adverse to the heirs. The question, as to whether such possession is adverse or not, should be left to the jury.
1Opinion of the Court
BY. THE COURT.
The evidence m the bill of exceptions shows that Eea, in *537whose name the award was made, and afterwards a patent issued thereon, died in 1818 or 1849; that the plaintiff is his heir-at-law; that the widow of Kea, Kahawalu, continued to reside on the land or to cultivate it, and died in 1871, her brother Kalama living with her at the time of her death. The defendant is his sou, who has since been and is now in possession of the land. He defends by adverse possession. The instructions excepted to are: 1. “That if the jury believed from the evidence that Kahawalu was the widow of…
2Cited by5 opinions
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- Matter of Estate of ChristianHawaii Supreme Court · 1982
- Jones ex rel. Colburn v. PooloaHawaii Supreme Court · 1899
- In re CooperHawaii Supreme Court · 1913
- Kahaleaahu v. PereiraHawaii Supreme Court · 1903