The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-02-28
Supreme Court-la Isaaco.

NN'~- @%T~r~t-+ - p ~ - AM 81 ANNAIt+a+-
sud described as par. q the III Of laad Of Wal,
kshsla,a, Tbs plie,iF eai-s As so,s heir to
/ he rsal estate Of Qassa Naaua. and thar tss
laaj IN qeestioa IS par. Of the hi Of hss OF
I WaiSahalals Whica was auasieS by the Board
Of Land Commissioners to Hagale,epoai Kalama,
in May, lS4 10 support this position. the
I plaintiff ia,rodeeed Makalsua. = Sarveryor. who
,esU6es that be was requested BY the then Mn,
is,ss q the lp,srior. bat now His Majesty the
+ King. to nap oas the 6iffereat Ills Of land en-
braeed in Hoao,ala. He presents map, which
I BE says he copied tsOa sn oi map Of Hoaolala
IN the Interior Odice. aud TIA, he laid down the
boundaries os WaiSahalalu as givea Aia by His
ats Hisbusss NJ. Hskuasaoa and Mr.. Charles
t Naaaiua, the present plaiusiG The los marked
ca the plal IS described as follows;
Commencing At the seaside ST the foos Of
/ Paneh-B0Hl Street, thence ruunlns Up said street
10 poin. few rods mAkai Of the Paace Walk.
I thssee running il uosshery direction to Bese-
ta1a Street. thence aOStbsrly oo Bere,ania
Street to point about midway between Aauui
/ Nauanu aud Alangi NAgcakea, ard thence to the
sea, aud by the sea to the first mentioned bound
ary and this Is termed WASahalliu Makai. As
We understand !; By the map, and within these
boundaries the land il question is situated.
He tssti6ss that be hai grea, difical,y in fad
/ isg any ooe who could give the boundaries OF
Waikahalala. There were other witnesses who
testified from the declaratioas OF others TO the
. correctness Of tue map when accompanying the
surveyor.
The principal syiisuce given in this case as 70
the accuracy ot the map, is the approval Of the
boundaries BY ". Hskuluao, the then recognized
owner Of the NlIIlani premises.
1t Is eouts1ded by the counsel for the plaintiff
that the nap is eoaelasire. because it was ap-
proved BY NJ. HskGaua0a, who at that time was
in possession as owner Of the property in qGss-
t1u and bad occupied the same by hiu1ssIf a1d his
tsTiso5s for many years, aad upoa which be had
made valuable Improvements. Had Hskuauaoa
virtually relnguizhei his title, would not some
other eviisnce have been given than the con-
Parativsly hose eouvsrsatioa Of those aeeompa-
uyius the Surveyor, more especially when the
Land Commission had limited the Award Of Ha.
hnz TO the uaGka portion OF Waikahaluia!
This testimony Is too loose aud unsatisfactory
to defeat the ut.s TO real property upou.
which be and his deyisors had been in posses
son Ter yearly i5rsy years. and oa which he
had made valulbls Improvements. This. ofitsslf
can not be regarded Is conclusive bar to his title
Iaieed, the boaniariez Is aid down oa the map
nay have been correct, aud yet the title Of "
Kekaaaa1a not necessarily Affected by it
It appears tia, Maa1ia a1i his wife, Ka1psua
occupied the premises At and before 1879, when
Nlrua disd. and HaaPs1a gave the lot IN ggsz-
tiou to her broihlr, Namalu. Nsmaau, With
his wife. KapoE. resided on the 10. Until bis
death II ISIS. ari KaPoI coatiagsd to reside
thare until sbocs tine before her death ia $50.
Naua1u b his vii devised all his property to
NJ Eskuaal1a Who vas sljoiled b. the tssiator
to support and protect kaPoI and Ealpeal and
to allow them 10 i've under him 10 1857. NJ.
Keklduloa belt : house 90 the I3i, 10 which
EaPoE 6-st lived ald il 1854 Priacsss Victoria
Eanamala resided there Nth Nr Il. Il coz
tiu1ed to occ1py the house tiI $50. shortly BE-
flrs his death. he paii 90 rsat- and occupied
By permission OF KauanaIa- kskzauaoa, and
their hairs The I5t 5 sitaitsd directly opposite
the Palles. HIS High1sss NJ Rskulda1a mlr-
red His NE=zty's sistzr Riaaa, and Prleess
Victoria vas the dlagh.sr-
It Is eoutsuisd By the counsel tls the dsfsud-
sat thlt eEsa if the MiEani premises we're
iacl15sd n the AEari 70 Qgsea KaIlua that tbs
d=s=aiaHs ba= . prsssriPsivs right By virtue Of
poszsszi5l Of mors than twenty !sars fron the
dl.s Of the NlhsI= ard the question arises
zhstksr the tine of tie adverse possession sbo1ld
date f-oa the Mahslz II Is4s, or f,ou the Award.
Hzg. 1854
ItE trus. Is c1atsnisi. that Q1ssa Kalaua
took her hud of W1ikahllaIz b. virt7s Of tie
gift oE bsr h1s5aai, KI1shsmsha III, as de-
sia-sd By hin b. the great Hlhsls ofIsfs- TIE
SI1ksss vas tbs baziz ct q title l. vas o1s Of
the eordstf51=. boEsTsr. of the NahsEs TIA, tue
dtls sh11d Be- e11srue5 b. tie sEar5 Of ihs
Beard of Lard Cozzissi51e-s. This Board vas
4 Co1-s of Rec3ri and hare EEs adj lii1ztioa q
uhs-t al parties IN interest we're obliged % take
uoti,s- Aai tie date Of a5rsrss possession
u1ss Be h0u The date of tie A=ar5 Tnfa
CO material respect di=srs1; froa The cass of a
csIil f1r had zlsz II uay ether eoz-t of eoa-
pets1t j1riss5cti9a. and sustained Il ths party
-su.fa1sd n adverse possession. aftss tie jsiz-
zeut. tbz date Of szsh Possssst7a Is tron the
Iatisr dlts-
Il vs. auP-s u5siss 70 ths PszSa IN pos-
ssszi51 tEas Eis ellia Ess sispstss- T. osassd
to Be zai1ts--uPssd possession tie n5nsat q
szzzz5 a. pazzszzssa Fts zs5s- Ar aiTsrss
1asssssioa n1st Be Ef,hia he ks9Eisizs aai
q he oErsr. ea1tins5as All u
Interrupted
Tie Lad C1uziai9-srf r1is N Award 10
he HaEzfaz Go7sruzsst ~tsa thsy presented
.bszr eliia = the rasli. CT SEA ro-tiaa 3f he
Il q WIfkls1lssl- % the eastsru a5s q the
.1rto- q H1lotzlz
No IIzIsy-TEz H1rlHas G5TEzgEEsT.
In The cl1iz of Hzzsislspoui Ea1a1, No
|. lssz- fsr ths II of WaztzLaiai.- il Hs.alsis-
-s,1na e O4lz
TEz DIR b tks H1=1fz- Go-s-unsnt
b. The -sltzf o. sez po-ti1u q Re Il q Wasta-
aka o1 tie sas,srn siss q tie h1rbor of
4,-1f-fz-