Ward

These proceedings have come to this court upon appeals from the judgments of the Supreme Court of the territory of Hawaii, made and entered on March 2', 1931. As the issues involved in both causes are similar, by stipulation approved by this court the causes were consolidated for briefing and argument.

Cause No. 6545 was instituted in the Land Court of Hawaii, by a petition of the city and county of Honolulu, praying for the issuance to it of a certificate of title covering lots F and G of Land Court application No. 670. That cause will hereinafter be referred to as tho Land Court proceeding.

The petition alleged that on March 19, 1928, the city and county of Honolulu instituted a suit in eminent domain in the Cireuit Court of the First Judicial Circuit of Hawaii, against Victoria Ward, to condemn the parcels above named. That suit will hereinafter be referred to as the eminent domain proceeding.

The petition further alleged that summons in the eminent domain proceeding was issued on March 19, 1928, that service was made on the following day, and that on July 18, 1928, during the pendency of the eminent domain proceeding, Victoria Ward, the defendant therein, executed a deed…