21 Haw. 252 | Haw. | 1912
OPINION OF THE COURT BY
This is an action of ejectment relating to a parcel of land situated at Kapalama in Honolulu and described in the declaration by metes and bounds. The plaintiff claims as sole
The defendants admitted at the trial that on September 12, 1890, Lau Chong leased to Achi a parcel of land at Kapalama and that at the time of the lease Lau Chong “was seized in fee simple of the premises described in said lease,” but they present the contention that the plaintiff failed to prove the identity of the land described in the lease with that described in the declaration. To meet similar objections of the defendants at the trial the plaintiff twice amended his declaration. The evidence of Kanakanui, a surveyor, sufficiently identified the land named in the lease wfith that described in the declaration as last amended. It is true that since the date of the lease King street has been -widened at the point in question and that the lane running mauka from King street on the easterly side of the land described has been opened since that date. It is also clear that on August 21, 1890, Lau Chong conveyed to Achi a piece of land immediately to the west of that covered by the lease and that subsequent to Lau Chong’s deed Achi acquired by purchase another strip of land still further to the west, but there was evidence to support a finding that in the last amended description due allowance was made for all of these facts and that the land as thus described does not include any of that held in fee by Achi under the deed from Lau Chong.
In support of his case the plaintiff introduced evidence tending to show that on May 25, 1900, in China, Lau Chong executed a will written in the Chinese language and that the will was admitted to probate in the supreme court of Hong Kong on August 10, 1900. Against the objection of the de
It further appeared in evidence that a circuit judge of the first judicial circuit of the Territory of Hawaii, upon petition, on January II, 1901, appointed Lau Tin and Lau Tong administrators with the will annexed of the estate of Lau Chong. The records of that proceeding forwarded to- this court upon these exceptions do not disclose whether the circuit judge passed upon the question as to what was the correct translation of the will of Lau Chong. If it cannot be held to have determined that issue the proceedings do not, of course, constitute a bar to the consideration of the question in this case. From the fact that the administrators were appointed “with the will annexed” the inference would seem to be.that the court proceeded upon the assumption that the will did contain a devise of the property, otherwise the case would have been one of intestacy and the appointment would have been of administrators without any reference to the will. Under the circumstances it cannot be held that the evidence relating to the correct translation of the will was improperly admitted.
The defendants’ further contention that witnesses were permitted to construe the will as well as to translate it is not borne out by the record. It was competent for them to testify not only to the possible meanings of particular words
Upon the subject of adverse possession it is undisputed that the lease from Lau Chong to Aehi contained an option permitting him to purchase the land for the sum of $1500 at any time prior to December 31, 1895, and that all of the rent accruing to that date was paid by the lessee. This action was commenced June 13, 1910. The defendants introduced evidence tending to show that on December 16, 1895, Aehi tendered to Wong Wa Eoy, the attomey-in-faet for Lau Chong, the principal being then absent in China, the sum,of $1500 in gold coin accompanied by a request for the execution of a deed upon compliance with the terms of the option; that Wong Wa Eoy refused to accept the tender saying that Lau Chong had instructed him to accept not less than $2500 for the land; that after 1895 Aehi refused to pay rent and claimed, occupied and used the land as his own, erecting a building upon the leased property, placing a fence along three sides of it and planting valuable trees — Aehi admitting,, however, that he was under obligation to pay the lessor or his representatives the sum of $1500 named in the option. On the other hand, evidence was introduced by the plaintiff tending to show that no tender of $1500 or of any other sum was ever made; that upon demand by the administrators for the rent Aehi promised to pay the same; that no suit for specific performance of the contract to convey has ever been brought although Lau Chong was in Honolulu in or about the month of May, 1896; that in a certain suit brought in 1905 by Lau Lam to enjoin Aehi from destroying a fence erected by Lau Lam along the westerly boundary of the land described in the lease from Lau Chong, Aehi filed an answer in which he alleged “that he is and has been for fifteen years in the open and exclusive possession of the premises described in said bill of complaint” (the land now in dispute) “under and by virtue
Many of tbe exceptions were taken to rulings upon tbe admissibility of evidence offered. We find no reversible error in any of tbe rulings.
Tbe exceptions are overruled.