Ka'upulehu Land LLC v. Heirs and Assigns of Pahukula
Annotate this CaseThis case involved a dispute between Plaintiff, Ka’upulehu Land LLC, and Defendants, heirs and assigns of Pahukula, et al., stemming from Plaintiff’s complaint to quiet title to certain property. Plaintiff, which obtained the property through paper title derived from a common grantor, claimed that neither it nor Defendants received valid title to the property because the common grantor had sold the property prior to his death. The circuit court entered summary judgment for Plaintiff, concluding that Plaintiff was entitled to the entire property by adverse possession. The Intermediate Court of Appeals (ICA) vacated the circuit court’s judgment, finding that there was a genuine issue of material fact with respect to the existence of a cotenancy. The Supreme Court vacated the judgments of the lower courts, holding (1) the evidence was not sufficient to establish that the common grantor was not vested with title to the property when he died, and therefore, title to the property descended in accordance with the law in effect at the time of the common grantor’s death to his heirs; and (2) Defendants and Plaintiff were cotenants because they both received their interests in the property through a series of conveyances stemming from the common grantor.
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