· 6/1/1918

Kaahanui v. Kaohi

Citations

  • 24 Haw. 361
  • 1918 Haw. LEXIS 37

Syllabus

<p>Cotenancy — adverse possession.</p> <p>The plaintiff, who held the legal title to less than one-half of the land in controversy and which was owned in cotenancy, actually occupied for more than forty years about one-half of the land claiming a one-half interest therein (the other half being occupied by a cotenant, admitted to be the owner thereof,) by such adverse possession and user acquired title to a small interest in the land the title to which otherwise would have been in a third cotenant who did not during the time claim any interest in the land.</p> <p>Same — same.</p> <p>One cotenant in common may acquire the title of a cotenant by adverse possession where the one ousts the other and claims the title which the other held, all of the necessary elements of adverse possession being present.</p>

Judges: Ashford, Coice, Edings, Kemp, Place, Quarles

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