Leialoha v. Mahiai

Citations

• 23 Haw. 711
• 1917 Haw. LEXIS 37

Syllabus

<p>Ejectment — variance—failure of proof.</p> <p>In an ejectment case where the plaintiff sought to recover 1 1-2 acres of land, and proves title to but one acre, and the proofs further show that the plaintiff is in possession of an acre and the defendant is in possession of an undefined parcel not exceeding a quarter of an acre in area, a nonsuit is properly granted for variance between allegation and proof, and failure of proof.</p> <p>Same — pleading and proof — description of land in dispute.</p> <p>A declaration in ejectment should describe the land sought to be recovered with sufficient certainty that the land can be identified with the description given, and the proofs should show that the land of which the defendant is in possession is the land described in the declaration.</p>