The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-08

An action quiet title ccivil
Laws $3.50 is action a judgment should
be entered up when the decided equity
action is the Circuit Court to
revoke enter judgment on
ndered
OPINION OF THE COURT WHITING j.
The plaintiffs claimed fee simple title undivided quarter
of piece of land in Ho Hawaii The defendant also claimed
interest the Plaintiff brought action to quiet
title under the statute filing his complaint which
issued rernabe the Circuit Court of the Fourth
Judicial Circuit, and instead judgment decree in equity
made in his favor from which the defendant appeals to
this court.
At the hearing before this Court defendant made no argrl
nent filled and pointed no errors but simply sub
mitted the the of the these cr
stances should feel called upon seek which
the appellanthas failed point Even defendants
counsel admitted that defendant had standing
III effect it confession of and accordingly the appeal
should be dismissed However, there proce
dure which should remain records without correction
The action quiet title properly brought Circuit
Court and being for jury unless jury
waived The hearing of the action had chambers
presumption being that the jury waived although it does
appear of record The Judge who heard the
for the plaintiff and instead of entering up Judgment an
action law decree equity made in substance follows
after emitting the casen equity chambers, decree
legal of the land described the proceeds:
1T further ordered aduged and decreed that
deed bearing date June 3 1892 and recorded in Volume
at 400 in the Registrars Office in Honolulu and made and
executed by Kekuko (w surviving mother of Anake w)
the defendant j. Maka for the above described premises
for the that the said Kekuko had previously joined
deed of the premises the plaintiff herein and which said
deed record the date upon which she executed the deed
above described defendant herein that the deed by
kuko (w) the defendant cloud upon plaintiffs title 1t
therefore further ordered and decreed that the said
deed from Kekuko Maka said premises bearing
June 3rd 1892 recorded office Registrar of
Conveyances Honolulu Oahu, in Volume page
thereof be and the hereby cancelled aside held
for naugh That the defendant aka and and per-
claiming by through under him hereby pepetuay
enjoned and estopped from claiming setting claim
claims to the premises herein described part thereof
As this action statutory Chap IS Laws of 1890, Civil Laws
600, and also action law (see Kahoiwai Lmaeu
10 Haw SOD returnable and able by the Court,
by the Judge jury waived the had jurisdiction in
woke the of equity and decree equity but
should have entered up Judgment at law for the plaintiff The
decree entered herein within the jurisdiction powers
OF the and should be aside On the proofs and
Of the the plaintiffs title is proved be good against
defendants title and they entitled Judgment their
favor
1t is therefore ordered by this Court that the
Court of the Fourth Judicial Circuit. which
entered up for the plaintiffs.
g. Il. Wuder, " S. Wise and f. " Wakefield for plaintiffs
q. +. Little and C.. 4. Galb,uuh for defendant