McCandless v. Du Roi

Citations

• 23 Haw. 51
• 1915 Haw. LEXIS 7

Syllabus

<p>Records — decree of land court — construction—description of land.</p> <p>A surveyed description of land contained in a decree of the land court, if it requires construction, is subject to the same rules of construction as a description contained in an instrument inter partes.</p> <p>Boundaries — questions of law and of fact.</p> <p>What is the boundary between certain lands is a question of law, but the location of that boundary upon the ground is a matter of fact.</p> <p>Same — construction of description.</p> <p>The general rule that course and distance will yield to known. visible and definite objects whether natural or artificial will be applied when the description explicitly states that the object is the boundary.</p> <p>Same — meander lines.</p> <p>Where a decree of the land court determined the boundary of land to be the bank of an auwai, the bank- must be regarded as the true boundary, and not the meander points or lines which describe the sinuosities of the auwai.</p> <p>Appeal and Error — appeal from decree of land court.</p> <p>Under Sec. 3145, R. L. 1915, an appeal from a decree of the land court may be taken to the supreme court upon points of law only.</p>