3 Haw. 625 | Haw. | 1875
delivered the opinion of the Court.
This case came on for hearing at the last October term,
It does not appear from the record that there was any confirmation of sale by the Court subsequent to the land being offered for sale, and the Court being asked to charge that the deed was not good for want of confirmation of the sale, by the Court, declined so to do; but instructed the jury that the deed would be good without any express confirmation by the Court subsequently. The statute does not require any such confirmation, and the order of Court, which is exhibited to the Court, contains no direction that the sale should be reported for confirmation before the deed should be given. And, moreover, it does not appear to have been the practice of the Court at that time to have a special
But in arguing these exceptions, it was urged that the deed to which reference was had, did not on its face show that the sale was made by Lipoa as administrator, and in consequence of the order of Court; but that it appears that the deed was made rather as the sole heir to Lupe, which he was not, for his sister was co-heir with him.
By referring to the exceptions themselves, it does not appear that this point is raised by them or that the judge was asked to instruct the jury on that point; and therefore this point cannot be taken into consideration.
We understand the force of the judge’s instructions .regarding Dowsett’s fence (which are certified up) to be, that it was a matter of no consequence where Dowsett’s fence was located, for the reason set forth in the exceptions. We think that such instructions were correct, for the question for the jury was only whether any land, and if any, how much land had been conveyed by Lupe’s administrator to Dowsett, and the deed recites that the boundary on the side in question is Dowsett’s land, that is to say, along the land owned by Dowsett previous to his purchase. The intention was to sell to Dowsett all the land up to his line, and the effect of the deed is to convey it.
If the courses and distances run do not accurately coincide, still the conveyance is to Dowsett’s line in terms.
Exceptions overruled.