24 Haw. 1 | Haw. | 1917
Lead Opinion
OPINION OP THE COURT BY
In the year 1875, Hnlupii, the patentee of a tract of land situated at Waianae, Island of Oahu, containing about 1.27 acres, by deed transferred the land to Papiano (k) and Kainaka (w), husband and wife. This tract of land is for all intents and purposes composed of two lots. The lower or makai lot is joined to the upper or mauka lot by a short connecting strip about eight feet in width. For the purposes of this opinion the land will be considered as two separate lots and referred to as the makai lot and the mauka lot as the context shall require. Some time prior to April 15, 1889, Kainaka died leaving her husband Papiano and her parents Kanlehua and Mahiai surviving her. On that date the last named parties attempted to partition or divide the land between them and
There is a very sharp conflict between the evidence introduced by the plaintiff and that of the witnesses for the defense. The defendant Kaiwilei, in her own behalf, testified that from childhood she lived with Mahiai on the makai lot ;• that she was present in 1884 when Mahiai expelled Papiano, Kamaka and Po from the makai lot and that these parties then went to live and did live on the mauka lot and both Papiano and Kamaka died while residing mauka; that in 1889, while Mahiai and defendant were still living on the makai lot, Mahiai deeded this lot to defendant, at that time saying, “This is your piece of land,” referring to the makai lot. In a very short time Mahiai died and the defendant continued to occupy the premises,
On the other hand the plaintiff has introduced a vast amount of testimony tending to show that the defendant had lived on the mauka lot almost exclusively up to the year 1912, at which time, it is admitted, she went into possession of the lower lot.
The tidal court, sitting without a jury, and after the close of the case, rendered a decision sustaining defendant’s claim to title by adverse possession and judgment for the defendant was thereafter entered. The plaintiff comes to this court on a bill of exceptions.
Slight material assistance is afforded this court by the decision of the trial court on account of its failure to more fully comply with the provisions of section 2380 R. L., which requires that in the trial of a cause of this nature, where a jury has been waived, the court shall hear and decide the cause both as to the facts and the law and its decision shall be rendered in writing stating its reasons therefor. Nothing is contained in the decision of the trial court except the bare statement that “Plaintiff has the paper title. Defendant claims by adverse possession. The evidence, although conflicting, sustains this claim. Judgment for defendant.” It is regrettable, and in a measure surprising, that the trial court failed to more liberally comply with the mandate of the statute, especially in view of the frequency with which this court has been compelled to call attention, in language it would seem impossible to misunderstand, to the statutory provision on
A single serious question of law is presented for our consideration by the record in this case, namely, did the execution and delivery of the deed to the property in question by Papiano to the two minor children of defendant, then living on the property with the defendant, toll the adverse claim of defendant and thereby interrupt the continuity of her possession in the face of the fact that two years prior thereto the defendant had taken possession of the property, occupied and claimed the same as her own? Prom the very fact that a minor is under disability to protect his own rights the statutes of the Territory give him protection beyond that afforded the adult. If the right of entry or of action shall accrue to a minor he shall have within five years after reaching his majority to enter or bring action. But in the case at bar the statute of limitations had commenced to run in favor of defendant long prior to the deed of Papiano' to Papaenaena and Kamaka. If the ancestor or grantor of the two minor children was living when the adverse possession began the disabilities through non-age of his grantees could not check or impede the running of the statute. See Armstrong v. Wilcox, 49 So. 41, 42. An adverse possession which began during the life of the ancestor will continue as against the infant heirs. See 1 R. C. L. 759. A possession adversely commenced is presumed to continue adversely so long as maintained. See Kalakaua, et al., v. Keaweamahi, et al., 4 Haw. 571, 576.
“Where the statute of limitations has once commenced to run no subsequent disabilities can check or impede it.” Doyle v. Wade, 11 Am. St. Rep. 334, and many authorities cited in the footnotes.
The whole doctrine of prescription is founded upon public policy. It is a matter of public interest that title
By adverse possession of land for the statutory period of limitation the adverse holder acquires a title in fee simple which is as perfect as a title by deed. Its legal effect is not only to bar the remedy of the owner of the paper title but to divest his estate and vest it in the party holding adversely for the required period of time. See Leialoha v. Wolter, 21 Haw. 624, 630.
It has been urged by counsel for the plaintiff that the deed of Mahiai to the defendant herein was a nullity by reason of the fact that the same was not joined in by Kaulehua, the husband of Mahiai, and that defendant could not claim the property under an invalid title. This contention has been refuted in other jurisdictions as well as in Hawaii.
“While it is true that the possession must be under claim of title it is not essential that there should be a rightful title. An invalid and defective title, if believed to be good, will be equally operative with a valid one in giving effect to a possession taken and held under it.” George v. Holt, 9 Haw. 135, 139, 140.
There is evidence that defendant’s husband, Pililaau, was in the year 1901 appointed guardian of the persons and estates of the minor children, Papaenaena and Kamaka, and that for some years the taxes on the property
All additional questions raised by plaintiff’s exceptions have been duly considered and are found without merit sufficient to warrant a reversal of the trial court.
Plaintiff’s exceptions are overruled.
Concurrence Opinion
CONCURRING OPINION OF
If the appellant had raised and urged the point that the decision of the circuit court was erroneous on the ground that the reason's for its conclusion were not set forth as required by section 2380 of the Revised Laws I think it should have been sustained, but as the point has been waived this court must proceed on the assumption that all disputed facts were decided by the court below in favor of the defendant. But on behalf of the plaintiff it is contended that tailing all'disputed facts as resolved against the plaintiff it still remains that as matter of law title in the defendant by adverse possession was not established because it appears by undisputed testimony that the possession of the defendant was lacking in the essential element of exclusiveness as the defendant’s two minor children to Avhom the legal title to the land in dispute was conveyed in 1891 lived on the land in joint occupancy with their mother, and as to the daughter, Papaenaena, who, while still a minor, went elsewhere to reside, her possession was maintained by her father, Pililaau, who Avas appointed the legal guardian of her property (as well as of her sister’s) and who continued in joint occupancy of the premises with his wife, the defendant. The question of adverse possession is usually a mixed one of law and fact, but where, as here, the point is as to the sufficiency of admitted or undisputed facts to prove the title claimed, it is a question of law. Kaaihue v. Crabbe, 3 Haw. 768, 774; 2 C. J. 279, et seq.
It is elementary that in order that an adverse posses