Edmonds v. Wery

Citations

• 27 Haw. 621
• 1923 Haw. LEXIS 20

Syllabus

<p>Royal Patent — description, construction of.</p> <p>Where the courses and distances describing the land granted by a royal patent are clear and unambiguous the description in the patent controls and the grant should not be enlarged to cover land not included in the specific description although one of the courses is recited as running “along- the place that is said to belong to K,” the boundaries of which place were not definitely fixed at the time the patent was issued.</p> <p>Adverse Possession — exclusive possession — evidence.</p> <p>It appearing from the evidence that the person who, it is claimed, had gained title to the land by adverse possession was not in exclusive possession thereof for the statutory period, the land being occupied by other persons not shown to have been holding under the claimant, the trial court properly granted a nonsuit.</p>