24 Haw. 667 | Haw. | 1919
OPINION OF THE COURT BY
This is an action to quiet title instituted by Mileka Whitford, the plaintiff-appellant, against Lucy Kahananui, the defendant-appellee, the plaintiff-appellant claiming an undivided half interest in a certain piece of land situate at Waiehu, Maui, and described as apaña 1, Royal Patent 6165 to Kamahiai. Upon the trial of the case before a jnry it was conceded by defendantappellee that the parties to the action were cotenants, being cousins, and are the only heirs of their respective fathers, who Avere brothers and who were the sole heirs of the patentee Kamahiai.
The testimony of the plaintiff is in substance that Anapu and Kahananui were the original owners of the land, inheriting it from their father, Kamahiai, the patentee; that she inherited a half interest in the property as the sole heir of Anapu and that Lucy inherited a half interest as the sole heir of Kahananui; that the land is taro and agricultural land; that the defendant is now in possession of the land. The land is leased .to Chinese and Japanese by Lucy. “My father was away in Honolulu for forty-five years.” “He (my father) never lived on the land during my life.” Lucy’s mother had charge of the land and held it up to the time of her death in 1875. She (Lucy) got all of the money from the lease of the land. “I never asked her for or received any of the money from the land. When my father died I found out from the records in Honolulu
The principal grievance alleged in the exception is the reference by the court to certain discrepancies between the description of the land contained in the deed and in the complaint. The comments of the court appear to be mere cursory remarks Avhich could have been based upon the argument of counsel for the plaintiff or in his brief filed in the circuit court (a part of the record) where the subject is fully set forth and critically revieAved without any consideration of the contents of the deed. Furthermore, the language of the court clearly indicates that in arriving at a decision the deed Avas entirely ignored or repudiated which certainly was not prejudicial error to the plaintiff.
The assertion that the decision was “contrary to the Iua, the evidence and the weight of evidence” we do not consider sustained. This court has frequently held that a decision of a circuit court, jury waived, is equivalent to a verdict of a jury and will not be disturbed if supported by evidence, a rule which we have not been shown any reason for repudiating.
The exceptions are found without merit sufficient to warrant a reversal of the decision of the trial court and are overruled.