20 Haw. 722 | Haw. | 1911
OPINION OP THE COURT BY
This is an action of ejectment. The facts are agreed upon by the parties and are as follows: That one Kualau died intestate, leaving surviving him a son, the defendant in this case, and one Kuanaulu, the illegitimate son of Kiahalehau, a daughter who died unmarried prior to' the death of Kualau Si’.; that Keone, another son of Kualau Sr., died unmarried and without issue prior to the death of his father; that Kualau Sr. was at the time of his death the owner of all of the land in controversy and that Kuanaulu conveyed all of his interest to the plaintiff. Upon these facts the trial court, jury having been waived, rendered a decision in favor of the plaintiff for an undivided one-half of the land. The defendant excepts.
By the common law of England an- illegitimate was regarded as a child of no one and as incapable of inheriting from any one. 1 Blackstone, Commentaries, 459; 2 Kent, Commentaries, 212; 4 Kent, Commentaries, 413; Pratt v. Atwood, 108 Mass. 40; McDonald v. Railway, 144 Ind. 459. And it is
In the case at bar the mother of the illegitimate left no property. The inheritance is not from her, but from her father, the patentee. The statute has given to the illegitimate the ca
The exceptions are sustained and the judgment set aside. Upon the agreed facts judgment should, be entered for the defendant. It is so ordered.