OPINION OP
PERRY, J.I concur in' the foregoing opinion in so far as it relates to. the continuity of the possession held by the defendants and those under whom they claim, but on the subject of Article 39 ->f the Constitution of 1864 adhere to the views expressed in the dissenting opinion in the case- of Kapiolani Estate v. Cleghorn, ante 330, 338. In view of the conclusion of the majority, it is unnecessary for me to consider the other questions argued by counsel.