The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-06

lev nd
Davies dated May 4 1886, under which they became ccartn
under the Of the Hamakua Company and b
which Motley contributed this ahupaa as part of the capital m
the company deed of this ahpu:. Motley and Davies to
the defendant corporations dated April does not APP
just who had possession of the land what with
from Huakni death in 1850 the probate proceedings in
1871 thereafter the date of the 1872 but evidence
introduced tending show Motley took possession
the latter date used the portion ranch and in the upper
portion shot wild cattle for tanning pur
poses built house and fenced in about eight for
sheep pen and began of cane ON the
lower portion which cultivation has continued present
he the upper portion now being used for ranch
purposes The whole land fenced until the
close of the the plaintiff moved that all this as to
the leases the deeds the will possession stricken out on
the ground that notice that the possession adverse
given plaintiffs predecessors title This motion was grant
ed and exception taken. The plaintiff then court
to instruct the find for the plaintiff the ground that
there was no evidence of adverse This instruction
given and the jury acted accordingly defendant
copied
Whether the erred in refusing admit the probate
decree in evidence need say. some
doubt how far void DEGREES judgments may
for special purposes. See Kaianu T. Knm Iaw sos and
eases cited in Cent Dig 2314 1t may be that the did
not in declining admit the decree evidence
title though Of the opinion that the record whole
that and perhaps the decree alone admissible evidence
of claim of title and also tending prove notice of such
claim to Kapehe the plaintiffs predecessor title who was
witness in that Less required claim of title
than to show color of title.
Whether the erred in instructing jury
plaintiff after having struck Of the defendants evi
dence need So of several other rulings which
exceptions taken but which referred to above
These questions likely trial. which,
shall show, will have to be granted
In opinion the court erred in striking ont the evidence
above mentioned stricken
of adverse possession the jury if this ordinary
between who and whose predecessors in title
strangers The plaintiff contends however the relation OF
coenancy exists between these parties and has existed between
their predecessors and that therefore the rule requiring
of adverse possession be brought home the of
possession applies this and that there evidence
that such claim brought home than twenty years
before the of this action that being the period
prescribed by the statute of limitations the time this action
brought November 1897, and consequently the
absence of evidence that these various of ownership
brought home to known by the plaintiff those under whom
he claims all the evidence those imlnaea There
evidence that Kapelc did live the island of Hawaii
where the land was and evidence that she knew what
being done with the land Whether if that rule applicable
this there sufficient evidence go the jury
need not say In opinion it is applicable.
The defendant claims Motley Motley claimed under
the Nahaoeuas The younger Nahaocua claimed under the
elder Nahaoeua The plaintiff order show title in him
self had show that the elder Nahaoeua heir Of
IIuakn and therefore cocnant with his (pantif >
decesor in title Kaphe, until least lie (Naaoeua) received
the deed from Uoomana which sometime after he made the
lease Motley. Consequently Nahaolclua not at first
with plaintiffs predecessors Further there evidence
that he knew the time he made that lease, the time he
deed from Uoonana, that he any of those claim
ing under him knew any time until quite recently, that the
plaintiffs predecessors had any title to the land claimed an
title it. liz possession any time in recognition
the any other than oomana whose in
purchased in 1874 So far appears he and those
under him ignorant that Kapehe had claimed have
any title this land it contended Kapee that
their claim adverse Could the begin running