7 Hawaii opinions name it 2 courts 1905–2016 0 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Henson v. Tuckergreen2 sentences2016Jur.2d Adverse Possession § 101 (2013) (“An adverse possession can be interrupted by the owner filing suit.”); Henson v. Tucker, 278 Ga.App. 859 , 630 S.E.2d 64, 67 (2006) (holding that the statutory period for adverse possession is interrupted if the owner files a quiet title action); McAlpin v. Bailey, 376 S.W.3d 613, 619 (Ky.Ct.App.2012) (holding that a permissible way to stop the accrual of a claim to ownership by adverse possession is to “file suit before the statute of limitations runs”); Flagg v. Faudree, 269 P.3d 45 , 50 n. 18 (Okla.Civ.App.2011) (interrupting the accrual of an adverse 2016Jur.2d Adverse Possession § 101 (2013) (“An adverse possession can be interrupted by the owner filing suit.”); Henson v. Tucker, 278 Ga.App. 859 , 630 S.E.2d 64, 67 (2006) (holding that the statutory period for adverse possession is interrupted if the owner files a quiet title action); McAlpin v. Bailey, 376 S.W.3d 613, 619 (Ky.Ct.App.2012) (holding that a permissible way to stop the accrual of a claim to ownership by adverse possession is to “file suit before the statute of limitations runs”); Flagg v. Faudree, 269 P.3d 45 , 50 n. 18 (Okla.Civ.App.2011) (interrupting the accrual of an adverse | 1 | 1 |
McAlpin v. Baileygreen1 sentence2016Jur.2d Adverse Possession § 101 (2013) (“An adverse possession can be interrupted by the owner filing suit.”); Henson v. Tucker, 278 Ga.App. 859 , 630 S.E.2d 64, 67 (2006) (holding that the statutory period for adverse possession is interrupted if the owner files a quiet title action); McAlpin v. Bailey, 376 S.W.3d 613, 619 (Ky.Ct.App.2012) (holding that a permissible way to stop the accrual of a claim to ownership by adverse possession is to “file suit before the statute of limitations runs”); Flagg v. Faudree, 269 P.3d 45 , 50 n. 18 (Okla.Civ.App.2011) (interrupting the accrual of an adverse | 1 | 1 |
Mahoney v. Tara, LLCgreen2 sentences2016Jur.2d Adverse Possession § 101 (2013) (“An adverse possession can be interrupted by the owner filing suit.”); Henson v. Tucker, 278 Ga.App. 859 , 630 S.E.2d 64, 67 (2006) (holding that the statutory period for adverse possession is interrupted if the owner files a quiet title action); McAlpin v. Bailey, 376 S.W.3d 613, 619 (Ky.Ct.App.2012) (holding that a permissible way to stop the accrual of a claim to ownership by adverse possession is to “file suit before the statute of limitations runs”); Flagg v. Faudree, 269 P.3d 45 , 50 n. 18 (Okla.Civ.App.2011) (interrupting the accrual of an adverse 2016Jur.2d Adverse Possession § 101 (2013) (“An adverse possession can be interrupted by the owner filing suit.”); Henson v. Tucker, 278 Ga.App. 859 , 630 S.E.2d 64, 67 (2006) (holding that the statutory period for adverse possession is interrupted if the owner files a quiet title action); McAlpin v. Bailey, 376 S.W.3d 613, 619 (Ky.Ct.App.2012) (holding that a permissible way to stop the accrual of a claim to ownership by adverse possession is to “file suit before the statute of limitations runs”); Flagg v. Faudree, 269 P.3d 45 , 50 n. 18 (Okla.Civ.App.2011) (interrupting the accrual of an adverse | 1 | 1 |
Risi v. Interboro Industrial Parks, Inc.green2 sentences1999Parks, Inc., 99 A.D.2d 466 , 470 N.Y.S.2d 174 (N.Y.App.Div.1984), the Second Department of the Appellate Division of the New York Supreme Court rejected an adverse possession claim advanced by a tenant who asserted ownership of a plot of land adjacent to his leasehold estate by virtue of maintaining a garden on said plot for the duration of the prescriptive period. 1999Id. at 175-76. | 1 | 1 |
Matter of Complaint of Vockrodtgreen2 sentences1981And in In re Complaint ofVockrodt, 50 Ha.w. 201, 205 n.5, 436 P.2d 752 , 755 n.5 (1968), we held, quoting Mullane , that notice by posting and publication of an adverse possession claim was sufficient only as to potential claimants who “cannot be found.” Id. at 204, 436 P.2d at 754 (emphasis added). 12 *13 B. 1981And in In re Complaint ofVockrodt, 50 Ha.w. 201, 205 n.5, 436 P.2d 752 , 755 n.5 (1968), we held, quoting Mullane , that notice by posting and publication of an adverse possession claim was sufficient only as to potential claimants who “cannot be found.” Id. at 204, 436 P.2d at 754 (emphasis added). 12 *13 B. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flagg v. Faudree
neutral
1 sentence2016Jur.2d Adverse Possession § 101 (2013) (“An adverse possession can be interrupted by the owner filing suit.”); Henson v. Tucker, 278 Ga.App. 859 , 630 S.E.2d 64, 67 (2006) (holding that the statutory period for adverse possession is interrupted if the owner files a quiet title action); McAlpin v. Bailey, 376 S.W.3d 613, 619 (Ky.Ct.App.2012) (holding that a permissible way to stop the accrual of a claim to ownership by adverse possession is to “file suit before the statute of limitations runs”); Flagg v. Faudree, 269 P.3d 45 , 50 n. 18 (Okla.Civ.App.2011) (interrupting the accrual of an adverse | 1 | 2016–2016 |
Redfearn v. Kuhia
green
1 sentence2006Id. b. | 1 | 2006–2006 |
Slavin v. Polyak
green
1 sentence1999Parks, Inc., 99 A.D.2d 466 , 470 N.Y.S.2d 174 (N.Y.App.Div.1984), the Second Department of the Appellate Division of the New York Supreme Court rejected an adverse possession claim advanced by a tenant who asserted ownership of a plot of land adjacent to his leasehold estate by virtue of maintaining a garden on said plot for the duration of the prescriptive period. | 1 | 1999–1999 |
In re State to Register Title to Real Property Situate at Moilili
green
2 sentences1982Re Land Title, State of Hawaii, 49 Haw. 537 , 425 P.2d 83 (1967), reh’g denied, 49 Haw. 575 (1967). 1982Re Land Title, State of Hawaii, 49 Haw. 537 , 425 P.2d 83 (1967), reh’g denied, 49 Haw. 575 (1967). | 1 | 1982–1982 |
In re State to Register Title to Real Property Situate at Moilili
green
1 sentence1982Re Land Title, State of Hawaii, 49 Haw. 537 , 425 P.2d 83 (1967), reh’g denied, 49 Haw. 575 (1967). | 1 | 1982–1982 |
Mullane v. Central Hanover Bank & Trust Co.
green
1 sentence1981In light of the above, we think it abundantly clear that the general principles enunciated in Mullane and its progeny control our consideration of the constitutional adequacy of the notice provided defendants-appellants in the instant case. 13 We therefore turn to an appraisal of whether the notice afforded appellants under RLH §§ 128-39 and -41 (1955) (quoted in n.l, supra) was “reasonably calculated, under all the circumstances, to apprise” them that their property was sold for failure to pay taxes .Mullane, supra, 339 U.S. at 314 . | 1 | 1981–1981 |
In re the Territory of Hawaii
green
2 sentences1978United States v. Fullard-Leo, 331 U.S. 256 (1947) (applying pre-annexation Hawaii law); In re Kioloku, 25 Haw. 357 (1920). 1978United States v. Fullard-Leo, 331 U.S. 256 , 67 S.Ct. 1287 , 91 L.Ed. 1474 (1947) (applying pre-annexation Hawaii law); In re Kioloku, 25 Haw. 357 (1920). | 1 | 1978–1978 |
United States v. Fullard-Leo
green
2 sentences1978United States v. Fullard-Leo, 331 U.S. 256 , 67 S.Ct. 1287 , 91 L.Ed. 1474 (1947) (applying pre-annexation Hawaii law); In re Kioloku, 25 Haw. 357 (1920). 1978United States v. Fullard-Leo, 331 U.S. 256 , 67 S.Ct. 1287 , 91 L.Ed. 1474 (1947) (applying pre-annexation Hawaii law); In re Kioloku, 25 Haw. 357 (1920). | 1 | 1978–1978 |
Kahoomana v. Moehonua
green
1 sentence1905The proposition that title by adverse possession presumes a grant and that such presumption cannot be entertained against one incapable of granting (1 Cyc. 1113) was approved in Kahoomana v. Moehonua, Minister of the Interior, 3 Haw. 635, 640 . | 1 | 1905–1905 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.