Kenway ex rel. Kenway v. Notley
Hawaii Supreme Court
Exceptions pbom Rulings op McCully, J. A lease of lands conveyed to husband and wife, and purporting to be made by them, but executed by the husband only, on which the wife received rent after the husband’s death : Held to have been ratified by the wife. Re-argument refused.
1Opinion of the Court
Opinion op the Coubt, by
Austin, J.
This case is here on exceptions to the direction of Mr. Justice McCully to the jury, at the January Term, to find a verdict for the defendant.
The action was ejectment. By Royal Patent No. 2321, dated September 15, 1856, the land in dispute was granted to George S. Kenway and Mary Ann Kenway, his wife. He died in 1872, and she, by deed dated September 13, 1877, conveyed said land to her infant son, the plaintiff, who now holds the fee. It further appeared that, on the second day of September, 1867, a lease was executed of said land, expressed in the body of it…
2Cases cited3 opinions
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
- Mount v. . MitchellNew York Court of Appeals · 1865
- Jackson ex dem. Van Alen v. VosburghNew York Supreme Court · 1810
3Cited by2 opinions
- Vierra v. RopertHawaii Supreme Court · 1896
- Wundenberg v. CampbellHawaii Supreme Court · 1893