Achi v. Kauwa
Hawaii Supreme Court
Exceptions to Rulings oe McCully, J. The actual possession of land by a party, under an unrecorded deed, is constructive notice to a subsequent purchaser of the land, whose deed is recorded.
1Opinion of the Court
Opinion by
Austin, J.
This is an action of ejectment.
The plaintiff was the grantee of the heirs of the patentee of the land by a recorded deed. The defendants claim under an unrecorded deed from the patentee, dated in 1867, to the defendants constituting a “hui” (firm), and show that some of the defendants live and are supported on the land, and cultivate parts of the same yearly, and fence what they cultivate; and that there are two houses on the land which have stood a long time.
The plaintiff claims that this unrecorded deed is void under Sec. 1262 of the Civil Code, which provides that it…
2Cases cited2 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Brown v. . VolkeningNew York Court of Appeals · 1876
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