The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-02-15
SUPREME COURT--AT CHAMBERS.
BEFORE DOLE, j.

ker VS.. Alexander j. Cartwright,
Trustee, Albert Kunuiakea and the
Kahua Ranch Company. In equity.
DECREE FOR THE PLAINTIFFS.
This case having been heard on
the bill of complaint fled therein,
and upon the answers of the several
eiendants thereto, and upon the
proofs exhibited by the respective
parties, and the parties having been
fully heard by their counsel, this
Court doth declare THAT the plain
tiffs as assigns of the lease next
hereinafter named are entitled to a
specific performance by the defend
ant Alexander j. Cartwright as trus-
tee under the will Of the late Emma |
Kaleleonalani, deceased, testate, and |
also of the estate of the defendant |
Albert Kunuiakea of the covenant in
the pleadings of the cause mention
cd whereby the defendant AleXan-
der j. Cartwright as attorney in fact
of the said Emma Kaleleonalani
agreed with Allen and Stackpole
that said Allen and Stackpole should
have the privilege of renewal sub
iect however to a new agreement of
the lease dated the first day of Jan
uary, A. d. 1879, and afterwards
by consent of said Alexander j.
Cartwright assigned by said Allen
and Stackpole to the plaintiffs, and
in said pleadings mentioned, whereby
was demised TO said Allen and
Stackpole and their assigns for a
term of ten years thereafter at an
annual rental of four hundred and
fifty dollars payable in equal half
yearly payments of two hundred and
twenty-five dollars each over and
above all taxes to be levied or I'M
posed thereon, all that tract of land
known as the Ahupuaa of kawaihae,
on the Island of Hawaii, being the
same Kawaihae that belonged to the
late John Young (excepting there
out such portions thereof as had
been awarded as kuleanas, and also
the two-story house on the beach
formerly leased Ey Louzada and
Spencer, with the yard in which it
stood
And doth declare that the defend
ants, +. A. Burchardt, A. G. Bur-
chardt, +. Burchardt, and John
Mcguire, co-partners under the firm
name of the Kahua Ranch Company,
with constructive notice of said cov-
enant for renewal took the lease IN
said pleadngs mentioned. dated the
twentieth day of October, A. ID.
1887, whereby the defendant Alex
ander j. Cartwright, trustee as
aforesaid, demised for term of tif-
teen years from the first day of Jan
uary, A. ID. 1889, that tract of land
known as the Ahupuaa of Kawaihae,
Hiliina, situate in the district of Ko-
hala, Island of Hawaii, being the
land described as Apana l Royal
Patent 1906 Land Commission
Award S5l5, and being the land
described Cor intended SO to be)
in said first above named lease, and
that the rights of the defendants, the
said Kahua Ranch Company, under
said last above named lease are sub
ject to the rights of the plaintiffs
herein declared.
And the Court doth accordingly
order and decree that lease be ex-
ccutcd by the defendant Alexander
j. Cartwright, trustee as aforesaid,
to the plaintiffs, of the land COM
prsed and described in said first
above named lease for the term of
ten years from the thirty-frst day
of December, A. ID. 1888, at an an
nual rental Of four hundred and fifty
dollars payable in equal half-yearly
payments of two hundred and twen-
ty-fve dollars each, over and above
all taxes to be levied or imposed
thereon,
And it is ordered that the plain
tiffs do execute counterpart OF
such lease from the defendant Alex
ander j. Cartwright, trustee as
aforesaid, and that such lease and
counterpart be at the equal expense
of the lessor and lessecs therein
named.
And let the lease hereby decreed
: to be executed contain the same
covenants and provisions (except
J said covenant for renewa) as are
contained in SAID first above named
lease.
And let any of the parties be al
liberty to apply in Chambers as they
shall be advised.
: And it is ordered that the def end
ants do pay the plaintiffs their costs
of this suit.
(Signed) SANFORD B. DOLE,
t Justice of Supreme Court.
5 Hartwell and Neumann for plain
tiffs; w. o. Smith for the Kahui
Ranch Co.. G. Brown for A. j
Cartwright and Albert Kunuiakea
t Feb. IA, 1889.