The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-16

III. NJ MIST a. KAPIOLANI ESTATE LTD
EXCEPTIONS FROM C1Rou1r CouEr, FIRST CIRCUIT.
SUBMITTED July 3 1901 DECIDED Aueusr g. 1901
FREAE, CD, GlIBRArH PERRY, u
In action of of land deed
containing recital
the brother surviving relative of the of
the evidence after the relationship
of
An exception the objections
rulings admission of evidence Held
general indefinite consideration by the appellate
The will distxpd
support prejudcial
law appears.
OPINION OF THE COURT GALBRA1rH ].
This action of eectment the possession of
house lot located the beach Waikiki being Apana L. c.
A. No 666 issued Nuuanu June 1852 R. P. No 1854
The defendant plead general and relied claim
adverse for the statutory period jury waived
and the tried the who found % That the
plaintiff had perfect paper title the lands and premises
described in the declaration, in fee simple absolute 2) That
the defendant had right title interest in to said
lands and part thereof of kind character
description 60 defendant possession
said lands and without shadow of right and such
possession is maintained arms N That the plaintiff is
entitled to the immediate possession of said lands and premises
and gave judgment for the plaintiff for the said
lands and tenements
The defendant o this four exceptions.
1t appears that the plaintiff grantee of Mikasobe who is
grantee of Nakapah who it alleged the brother and
only heir of the patentee of the land in dispute Nuuanu
The first exception the ruling of the admitting in
evidence part of the deed from Nakapual Mkasobe
w.t. that part reading follows ssuedi the of Nunu
my younger brother and the only remaining relative
living"
The record shows that when this deed offered the early
part of the trial link in plaintiffs chain of title counsel
for defendant made the following objection ay please the
object certain features of the deed We object
the whole deed going evidence being considered
evidence because contains seserng declarations wherein
the anor in the deed asserts that he is the heir of certain
Nuuanu from whom seek to trace their title object
any portion of the deed being considered evidence reading
follows: Commencing with the eighth line of the deed with
the words my younger brother and his only remaining
relative living mmatera and
the ground that they selfserving declarations"
"By Mr.. sliman The objection goes the language and
to the deed itself"
'By Mr.. De Bolt. Objected to for any purpose"
"By the Court the deed will be received subject that
objection"
Again page III of the record appears that this deed
reoeed for every purpose and counsel for the defendant
newed the objection the ecas spoken of the
of the The objection overrued and exception
taken.
will be observed that the only objection urged against the
admission of this evidence that immaera and self
serving declaration That the relationship between the
in that deed and Nuuanu material issue in the IS
apparent and the only question raised by this exception is
whether the objection that seferving declaration
sufficient its exclusion When the deed and these
recas admitted various witnesses had given testimony
tending show that Nuanu and Nakapuahi brothers,
died during the smallpox epidemic in
and that Nakapuah his only known heir and that he died
many years later These reca standing alone would be