Waianae Co. v. Kaiwilei

Citations

• 24 Haw. 1

Syllabus

<p>Trial — decision of court in civil cases, jury-waived.</p> <p>In the trial of civil cases, where a trial by jury has been waived, the court shall hear and determine the case both as to the facts and the law and its decision shall'be rendered in writing stating its reasons therefor.</p> <p>Adverse PossEssiON^-w/iem once commenced will not he checked hy a conveyance to minors.</p> <p>If the ancestor or grantor of two minor children was living at the time the statute of limitations had commenced to run in favor of a third person the disabilities through non-age of his grantees could not check or impede the running of the statute.</p> <p>Same — same.</p> <p>An adverse possession which began during the life of the ancestor or grantor will continue as' against the infant heirs or grantees.</p> <p>Same — effect of.</p> <p>By adverse possession of land for the statutory period of limitation the adverse holder acquires a title in fee simple which is as perfect as a title by deed. Its legal effect is not only to bar the remedy of the owner of the paper title but to divest his estate and vest it in the party holding adversely for the required period of time.</p> <p>Same — continuity of not destroyed by deed to minors residing on property.</p> <p>Where the statute of limitations had commenced to run in favor of defendant the subsequent delivery of a deed of the property by the holder of the paper title thereto, to two minor children of defendant who were then living with defendant upon the property, would not destroy the continuity of defendant’s possession nor have the effect of tolling the bar of the statute.</p> <p>Same — claim of title.</p> <p>While it is true that the possession must be under claim of title it is not essential that there should be a rightful title. An invalid and defective title, if believed to be good, should be equally as operative as a valid one in giving effect to a possession taken and held under it.</p>