The Hawaiian gazette., 1876-11-08
suprouue Court OrIhe Hawaiian Is
Esnds-October Term, 1879.

II arET1cE drln PRESIDING.
hasut1sio vl et as 50. K aikainahaols. a. J
n Cuu- hos-d he arguus5t on this case before
-ts-a-E rsry capssssllsa. by consent Of both par
rn
1ts Hrtiou Of sieoturnt for the possession Of
pa-us, u Land ir KauaiahRo. nOuOlulu. The
FiairiiEs slsiH heirs q HolualOA deceased. The
dsuiIu; pleads adverse Possession from the time Of
o. duait % HoluAlot in the year lsIs, to the begin
Ing q thir action, and pleads the Statute Of LimiiA-
t--r g rsri astioss. q The isth Of Jaly. 1870.
p ihii he plaintiffs reply that the defendant on
tht "a u NErch. lssg, was appointed administrator
r lt stsats az Holualoa, and that BY the terms Of
h1 afpoiztueui such adHiuiFtrhfor. be took pos
uuou u aii The rot and personal estate Of the de-
ouss iusuaizg he los Of land in question that on
a. lslh afAF-I, 1855. be vas discharged as such
auaiui1t-asot bsi a. be credited himself with the
t. q lad ia gusstioz in his accounts as presented
tr uusi s 5csuea holdng the land as trustee for
tht hers and ihs-tiors bis possession is not adverse
r1 ttr plaintiff. The Act limiting The time within
uart may be brugrhtto 90 recover possession Of
llrd g couiulded. does not require that the pos
suar e ne deioadEni shall be adverse. Section l.
e rris .Ari resds; e No person shaI commence an
us1 ft rcsors- possession Of any lands or make an
siy the-suu. unless within twenty years after the
rFt t-izE Furh acion frsi accrued nov, unless
tht rurrussiun q the dsisndGut is adverse no
-ist q hrug action f0r The possession could ae-
cree Tht TiEirtiHs claim that the defendant took
1ssussiun ul LIE real estate IN hduciary capacity
Tht du.rudznt ciaims that the administrator never
hli ~ -uaiity- an of opinion that in Is4e the
ssT.e-icr oou-s Euvs Eueh suthority to admins
t-aia-s a1f records shoE that this authority was
i-ssiy src-ciseS. But in 1855. the administrator
virrrrr- uushu-iy be nj iEht have had over the land
r rses usnes Of his trust, from the moment Of his
alsaau-Ee- os1red to have any such authority. and
tz tkis TINE biz huding of The land was adverse to
- suir q HoiuSioa- Al this time then their right
e u11 arsl aosrasd- case in point is Wilmerding
~ kusr- Es cuuu. g.. The stusuts Of Limitations
thsr esuusnsss % run. Il if claimed that on the
.st o. sunt. lsss. sueh an action vas brought
Hrnus ths dasundauf interrupts tie operation Of
thr s-a1u-s af 1ziiations and that likewise IN De-
uuuhsr s-s. smother action vas brought for which
Its sasai slaiuSd. Both II these proceedings arc
uF ~ alleged heir q Holualoa against the
dslusdatt - Adninisirsisr of said Estate claiming
IA b. staud ssoourt % then Tor The real estate in
gu-ssior. And IL bosh of these eases the PrObAt
orurr - when thsse petitions we're addressed came
tt .ht rauslusiur row arrived al, to wit That the
naui-atsr having been discharged Of his trust the
fllhail cuurt had farther Jurisdiction over him
1fsss Erocsedinrs cannot be beld by any refinement
q Hsaz HE . be actions to reoorsr possession Of
Ea rna therefore Do not inter- upt the possession.
- ~ -rusrds q she suPeos Court IN ls4e, there
HEle-rr Eoed ds.i q evidence that HoluaiOa made
rr-bti v u & his property 10 The defendant EAi-
EsiHutHsls- Such verbal wills were recogniEed BY
ts osu-E IN ihose Gays. aud Though BY the terms Of
ths asaudaHls appointmeni as asninistrAtor be was
Hc-us se taks charge q the real estate this trust
uus iuuuurisisls uilk his claim as dsvisee under
- rsi-i al Itis sridssSe should 60 to the Jsry
a. isus ~ q shou ihsi his elaia vas adverse. at
,.l;. sfaz sss iias q his disshsFEs IiEssslaiasd