Davis

The record shows that in 1892 one John K. Sumner was the owner of a certain tract of land, situated at Koolau-poko,. Island of Oahu, Hawaii, known as the land of Mokapu, upon which there was an existing lease, which land Sumner then conveyed to one Cartwright, in trust—

Subsequently Cartwright resigned as trustee, and one Holt was duly appointed his successor, who on the 1st day of June,v 1910, leased the land in question for 25 years to one A. V. Gear. On the 16th of the same month the latter assigned an undivided one-half of his interest in the lease to the said Robert Wyllie Davis, and thereafter assigned the other undivided one-half thereof to one Peterson, whose interest subsequently passed to the present defendant in error, based upon which ownership he commenced this suit to quiet his title thereto against the present plaintiff in error, the said Davis, alleging his ownership of the undivided one-half of the lease and the adverse claim thereto by the defendant to the suit.

The action was brought under and by virtue of that provision of the Revised Daws of Hawaii reading:

The answer of the defendant consisted only of a denial of each of the allegations of the complaint,…