The Hawaiian gazette., 1888-11-06

General for the Crown; A. Rosa for
defendant.
Honolulu, Oct. L, 1883.
In the Supreme Court of the Ia.
waiian Islands-In Banco. OctO-
Der Term. 1855.
NAPABoA (w) AND WAnKLE, HER HUs
RAND, vs., The CHINESE UNION.
DoLE, IL.
Mr.. Justice Bickerton did not sit
in the case. being interested.
Opinion Of the Court per Judd, c. j.
This is an action of Ejectment to
recover possession of land on King
street, Honolulu. on which stands
the Club House of the "Chinese
Union" Defendant Corporation.
The action was began on the 10th
July, 1887, and Jury was waived at
the October Term and hearing of
the case was had on March 20, q
and -. 1888. before Mr.. Justice
Preston. On the ID April, 1883, the
Justice fled his decision rendering
Judgment for the defendant as fol
lows:
This is an action of Ejectment
for q piece Of land comprised in
Royal Patent No. 136 on Land Com
mission Award $50, situate on King
street. Honolulu. upon which the
building of the Chinese Union
stands.
The defendant The Chinese
Union answered and the other de-
PENDANTS disclaimed-
The patentee of the land was
named Paiea, and the plaintiffs
claimed that Palea and Piilani, the
mother of the plaintiff Napahoa,
were brother and sister, and that
PaIea died without having issue in
testate and unmarried leaving the
female plaintiff his sole heir and
next Of kin
The defendants claimed that Pa
lea was married to woman named
Pun, and died leaving her and
niece Kapshukui surviving and
claimed title through them as fol
lows:
Conveyance by Pun to Kapahu-
kun.
Kapahuku married William H.
Tell
Kapahukui devised the land in
question to ". H Tell.
Conveyance by W. H Tell to
Victoria A. Bannister, who subse-
cuently married W. II. Tell
Conveyance by V. A and ". II.
Tell TO James Love
~'Conyeysnce by James Love to |
defendants Alec and others.
Conveyance by Alec and others |
10 Tie Chinese Union
The evidence given Is entirely |
ineconcilal5le, and 1 am left to de
eide between the parties. and / take
the evidence Of Mrs. Charlotte
Who IS nearly ninety years
Of age IS establishing the right OF 1
the defendants
She coEoborstes the witnesses
for the defendants. and says she |
knew Palea from his boyhood, and /
gives e statement OF his relatives /
and their names, and seems to infer |
that the Palea through whom the
plaintiffs claim 6es not the Palea the
pstentee of the LAID In question.
This VII account for many Of the
IL the testimony.
lam Of opinion and find
1st-Thst Nspzhoa wi. the
plaintiff, was not relative Of Palea
the patentee.
2d-Thst Pales and Pun were
married according TO the
ancient Hawaiian custom, previous
to tie proclamation respecting mar
uzge By Kazhuman1, and thereafter
Continued to live together up TO the
tine Of Palez's dezth-
31--Ihsf consequently Pun and /
were under the Statute
u dsscents, the Only heirs Of Pslea
md entitled 70 the land IL question
Is TENNIS IN COMMON.
4-h-Thst the defendants have
1zoTsd their title and I accordingly
rider judgment 70 Be entered II
lheir favor
Plaintiffs counsel here withdrew
Ion the ease and another attorney
rs Substituted Sho fIed z motion
iOE Ae9 Trial On the ground (Ist).
hzt the judgment was contrary 70 /
AZ and the evidence, and l2dl, Oh
h gr0und q newly discovered Ell
ienoe-
TIE Justice O. the z4fh Aprll.
lsz1d tie EnCtIOn and OTerruled the
ssne, thereu2On counsel for plsintTf
rs again changed and : Dill Of eZ-