Kanoa v. Lovell
Hawaii Supreme Court
Action of ejectment and for mesne profits. The case was submitted on the following agreed facts: The plaintiff claims under a lease from the Princess Victoria Kamamalu and M. Kekuanaoa, dated January 1st, 1864, for the term of twenty years from its date, which lease was duly acknowledged, and recorded March 39, 1864. The defendants are in possession of the premises, the annual rental and profits of which are five dollars, and have held possession thereof since April 11,…
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Action of ejectment and for mesne profits. The case was submitted on the following agreed facts: The plaintiff claims under a lease from the Princess Victoria Kamamalu and M. Kekuanaoa, dated January 1st, 1864, for the term of twenty years from its date, which lease was duly acknowledged, and recorded March 39, 1864. The defendants are in possession of the premises, the annual rental and profits of which are five dollars, and have held possession thereof since April 11, 1865, under a deed of conveyance from Charles C. Harris, Trustee of the said Princess Victoria Eamamalu, dated April 11,…
1Opinion of the Court
Hartwell, J.:
The plaintiff’s lease was duly executed and recorded before the defendaxxts’ deed of conveyance. It is unnecessary to consider the validity of the trustee’s conveyance under his power, although it would seem that the defendants received good legal title. See Goodrich vs. Proctor, 1 Cray, 569; Parker vs. Converse, 5 Ib., 336; Baldwin vs. Timmins, 3 Ib., 302.
■ But the trustee coxxld coxxvey no better title, and no larger estate, than his beneficiary had, and his deed only purports to convey “all her estate, right, title, interest, property, possession, claim and demand. ” The…
2Cases cited1 opinion
- Burbage v. SquiresCourt of Appeals of Kentucky · 1860
3Cited by1 opinion
- Kamalu v. LovellHawaii Supreme Court · 1883