Kaluhiwa v. Miguel

Citations

• 25 Haw. 246
• 1919 Haw. LEXIS 15

Syllabus

<p>Pleading — action to quiet title — cross complaint — sufficiency of.</p> <p>In an action to quiet title under the statute even if the defendant may file a cross complaint against his codefendants which is dofibtful a pleading of a defendant which sets up his title but fails to . ask affirmative .relief against his codefendants can not be regarded as a cross complaint.</p> <p>Evidence — stipulation—effect of stipulation.</p> <p>When parties to an action stipulate certain facts to be true and further stipulate that certain witnesses if called would testify to other facts, both the facts stipulated to be true and the facts which it is stipulated the witnesses would testify to if called are before the court as evidence when the stipulation is filed.</p> <p>Dismissal and Nonsuit — action to quiet title — failure of plaintiff to prove title.</p> <p>In an action .-to quiet title, under the statute it is incumbent upon the plaintiff to prove a title in or to the land in dispute and' if he fails to do so it will be unnecessary' for the defendant to make any showing.</p> <p>Same — same—same.</p> <p>The plaintiff having failed to prove the title in or to the land in dispute, there being nothing to authorize a litigation, of the title between codefendants, the only judgment which the court was authorized to render was to nonsuit the plaintiff.</p>