6 Haw. 183 | Haw. | 1876
Decision of
The Court heard the. argument on this case before the jury Were empanelled, by consent of both parties.
This is an action of ejectment for the possession of a parcel of land in Kawaiahao, Honolulu. The plaintiffs claim as heirs of Holualoa, deceased. The defendant pleads adverse possession from the time of the death of Holualoa, in the year 1849, to the beginning of this action, and pleads the Statute of Limitations of real actions, of the 18th of July, 1870.
To this the plaintiffs reply that the defendant on the 26th of March, 1849, was appointed administrator of the estate of Holualoa, and that, by the terms of his appointment as such administrator, he took possession of all the real and personal estate-of the deceased, including the land in question; that on the .18th of April, 1855, he was discharged as such administrator, but as he credited himself with the tract of land in question in his accounts as presented, he must be deemed as holding the land as trustee for the heirs, and therefore his possession is not adverse to the plaintiffs. The act limiting the time within which actions may be brought to recover possession of land,- it is contended, does not require that the possession of the defendant shall be adverse. Section 1, of said Act, reads: “No person shall commence an action to recover possession of any lands or make an entry thereon, unless within twenty years after the