The Hawaiian gazette., 1883-08-22
Opinion Of tie Chief Justice.

Opinion gf TIE CHEF Justice.
This is an action of Ejectment for the pos
session of all that tract of land situate in IA
liza, waikiki, Island of Oahu, being more fully
described in Royal Patent number 3ifl TO
Alapai, containing clio acres. The plain
tiffs claim that on the death of Alapai in 1858
or previous, probably in 1851, he left
daughter Nihoa. She died in 1859 or 1850,
leaving husband Kalauao who still survives,
but no issue. At the time Of Nihos's death
there survived kaohe, who was sister to Nj
hoa's mother (Naaipilali). This Kaohe was
the wife of the well known Major NJ. Mahuka.
On her death he married Luukia and this
couple had issue the plaintiff Mahukaliilm.
1t is claimed that kaohe inherited tie estate
of Nihoa, and on kaohe's death without and
kindred it passed to Mahuka her husband, ac-
cording to the statute; and on Mahuka's death
the estate descended to his son the plaintiff
Mahukalnlii, his widow Luukia being entitled
to dover therein
The testimony substantiates the plaintiffs
claims. The defendants defend by adverse
possession. The land in dispute is barren
piece of sandy land on the beach at WAIKIKI,
not capable of producing any crop and having
nothing on it but few cocoanut trees and Ian
bushes
A great deal of testimony, extremely con-
dicting on some points, was adduced. | find
it established, in substance, that Alapai died
in Koolau, not having lived on the land and
the Royal Patent for it was taken out in 1856
by Kalaeone. Kuheleloa and Kameenui who
were sisters and persons of some distinction
assumed charge OF this land and became in
succession the wives of this Kalaeone a man
of some note. By the the testimony taken in
1886 in the Probate Court in re the estate Of
Alapai it appears that Kuheleloa's father was
the brother of Alapai's grand mother and
Alapai would therefore be, as described by
Kalauao, the " keiki Of Kuleleloa ma. She
was Alapai's grand-aunt. a relationship not
capable, under recent adjudications, of inherit
ing the property of Alapai, but sufficient to
account for Kameenui and Kuheleloa's assum-
ing the ownership Of the land.
Kalaeone had house near this land where
he lived ard all that part of the country was
for many years unfenced. From time to time
they had persons living on the land; Paoa,
says he lived there once and that Kalaeone
kept his canoes there and he and his wives
planted han bushes there. Athena SAYS, lie
was put in charge of this land by Kuhelaloa
ma, that he gathered the cocoanuts and kept
of intruders. Had a grass house on it where
he lived and aaer it decayed, it was rebuilt
by conveyance dated July 9th, 1866,
kamakaumaka widow of Alapai and her hus-
band "a and Kalauao husband Of Nihoa con-
yeyed all their interest in this land to Kalaeo-
ne. kalaeone left this land to the defendant
Hikaalaui Hebron by viii dated 10Th Dec,
ISIS, and the possession by Mr.. Hebron ever
since is undisputed
1t is not claimed that kaohe, or Mahuka OF
either Of the plaintiffs ever had possession Of
this land. Even Nihoa who was the I'M
doubted heir was obliged to get permission
from the man put in charge by Kuheleloa to
take cocoanuts from the land Considering
the nature of the land and the uses to which it
could be put, l think adverse possession is as
we'll shown as the return Of the case admits
The possession since 1866 was under claim Of
title and Athena says that Alapai left the land
by word of mouth 10 Kuheleloa.
Judgment for defendant.
W. r. Castle for plaintiffs. c. Brown for
Hebron. r. F. Bickertou for Kamecuui.
Honolulu, Aug. sth, 1883.