Kailianu v. Kaue

Opinion of the Court, by

Frear, J.

This action was begun in July, 1889, and has been tried three times. It is ejectment for land at Kapaia, Hanamaulu, Kauai, covered by B. P. 4823, L. C. A. 3371, to Naehu. One of the two original defendants, Lumai, died between the second and third trials. At each trial there were two issues —descent and adverse possession, the plaintiffs claiming by the former title, the defendants by both titles. The first trial resulted in a verdict for the plaintiffs, but this was set aside on the ground that it was contrary to the evidence on the issue of adverse…