The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-01-28
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
DECEMBER TERM 1896.
V KNUDSEN T.. PALEA, KAN SAU SHIN and hU-
NIIIRO
EXCEPTIONS FROM CIRCUIT COURT, FIFTH CIRCUIT
SUBMITTED DECEMBER 1896. DECIDED JANUARY 10, 1897
JUDD, CD, FREAR WHITING, j.
of death
authenticity
against the weight
sympathy
OPINION OF THE COURT BY JUDD. CD.

This an of ectment for the land awarded in three
apanas by Commission award No. SS4) Kea
situated Pok, Ahupuaa of Wamea, Island of Kauai
plaintiff Knuden, who claims the legal title in the
land by of certain deeds of from the heirs OF
said through Kaau his brother Keaona having died
wdower and chldess The legal title not disputed by the
Paea claims the land by adverse possession The
other Palea This action brought
on February 9th 1896 The undisputed that
died. wdower and childle, his heirs his
and his Makua, who also called Pi
died first then Kaaua then Pr Of these three kaaua
left children P lived the land until her death; then
Paea defendant had been brought by P and to whom
had devised the land by Will made in 1S65not admitted
probatetook possession of the land and has continued III
possession until questioned that his possession was
and adverse from the date of the death OF ri The
will having been presented for probate within the statu
tory time has pass title the defendant The
question dispute is whether the statute OF limitations
has run and this depends upon the death of Pr and
subject of plaintiffs exceptions the verdict winch
of the defendant hree dissentng) the plaintiff
claiming that the verdict to law and the evidence
began the date of the death OF FL and to
be eectual to the defendants must be shown to have
completely previous February 1896 when this action
begun. The testimony this point Is as follows faao
witness for plaintiff Il think Makua II died IN the reign
of Kameaneha V present when she died 1t is matter
history December 1872 Ana also for plain
tiff saws: Don't know when ri died. then in ihue left
Poi in 1867 and returned The defendant Palea
Aakua ri died perhaps in 1865 1870 saw her dead
bod. she was buried ON the land in dispute Kaapuwai for
defendant Kaauas DEATH defendant and Makua
PD land till about 1870, when Makua died. The
plaintiff called while his side and said After
Kaauas death his sister, Makua Pr took charge OF the land II
died, it me, III 1917 or 1878"
To possession the plaintiff took the stand
again testified book offered in evidence being the
ord of deaths given agent is recorded page "A
this that Pr aged 20 died at Pok on
November 1876 of old the place of her birth beng
"Knaewa If this is the date of Pts DEATH the plaintiff
a verdict the would not have run until
after November 1896. The plaintiff also testified:
@hs ri the question This record Is correct; know
1.-THE ae independently of the record could verify the deaths
from my knowledge they given by the teachers
Each page printed heading Record OF Deaths
in the District of written Nv almea OF the Island
of written ''Kauai y Year 1856. and purports
TO be record from April 1865, September a. 1882 1t
columns under the captions Month"; Day Name
Where Living Sex Age Where Born and Cause of Death Its
authenticity and aCissbily record required by law to be
kept is unouesoned opp and 212, Compiled Laws And
the book was evidently provided by the Board of Education
required by also shown by d. kua that he
the school POk the time and the date OF the
death of P to school agent pant That Its entries are
evidence of the facts recorded not claimed by
charged by the trial court Plam
% counsel that the date of the death IN question beng
record made conemporaneOusy with the evidence
far greater weight the uncertain OF witnesses who
Give the date of Pts without much povene and show
no written memoranda and make reference 10 events by
which the date could be fixed.
This is also opinion The presumably correct date of the
death in question rebutted by the evidence against
The Jury must have Influenced, in returning verdict
for defendant TO decide against evidence of the record by
mproper or mistaken motivespossib by sympathy for the
defendant who would had title the land if ne had
proved the will of Makua Pr devising the land TO himself
Verdict set aside and trial ordered.
Hdgoon It Edings, for plaintiff
Rosa for defendants