The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-10-12
In the Supreme Court of the Ha-
waiian Islands, In Equity.
Cefore Chancellor Judd.
Ine Hawaiian Commercial and sugar
Company the Waikapu
Sugar Company.
OPINION OF CHANcELLoR JUDI.

the Conrt, by Geo. w. Macfarlane. a |
shareholder In and owning one half |
OF the stock In the defendant corpor-
alton, the other half of the stock |
being owned by Claus Spreckels, as
trustee for the plaintiff corporation. |
The admitted facts are as follows:
The plaintiff corporation owns in fee
simple one undivided half of the |
land IN question, which consists of
the ahupuaa of Waikapu and por
ton of the gkupuaa of Pulehunuj,
known together as the Waikapu
Commons, on the Island of Maui.
The area is $4,000 acres more or less.
1t consists mainly Of tract of land
on the isthmus between East and
West Maui, and has a chain of sand
hills running through it. The plain
tiff corporation acquired its title by
purchase from Claus Spreckels on
Febrr#zy u, 1885, who purchased
the lame from Henry Cornwell on
June 30, 1873. The defendant cor
poration is the owner of the other
Undivided hulf 0S this land, having
acquired tbs aasre ',y deed of Geo.
" alacfarlane and w. H. Cornwell,
dated the 4'h % December, 1883.
TIE sid Maefacia ne and Cornwell
bought jfteen-slxteenths of this
property from Henry Cornwell, by
deed dated the 1st OF March, 1877,
and the one sixteenth remaining was
conveyed to them by said Henry
Cornwell on June 9, 1879.
The defendant company was in
corporated on July Ii, 1883, and IN
til the year 1889 its shares of stock
were owned one half by W. II. Corn
we'll and ope-half by Geo. w. Mac
farlane, except eighteen shares which
were held by r. r. Hind, and about
March, 1889, were transferred to Geo.
W. Macfarlane, who has since held
them.
Claus SpreckeIs bought " IL.
Cornwell's shares OF him in March,
1889, and holds them for the plaintiff
corporation. After Spreckels pur
chased from Henry Cornwel] in 1873,
ia agreed with Cornwell, in July of
that year, that he could Craze cattle
on the common property and on the
ahupuaa of Waikiki for three and a
half years free of charge. The entire
area Of the property owned IN COM
mon by plaintiff and defendant is, as
stated, about $4,000 acres, of which
about 1000 are of suitable soil for the
cultivation Of sugar If irrigated, viz:
about 1000 acres on the Waikapu
side Of the sand hills and about 5OOO
acres on the side towards Haiku.
In April or May, 1882, the plaintiff
corporation began to pillow, fence IN
and cultivate in sugar cane the land
on the side of the property held in
common adjoining the rest of its
estate, that is, on the Haiku side,
and each year plowed. fenced
in and cultivated more land,
extending its possession further and
further towards the sea on the Ma
alaea Bay side until it had SO appro
priated about five thousand acres Of
the common property, on which II
brought water to irrigate the same
bought from the Waihee Sugar Com
pany as we'll RS water from its owl
ditch leading from Hamakua. The
rest Of the common property was
used for grazing by the defendan
corporation for its own and othe
persons cattle under the defendan
corporation, being unenclosed, ant
defendant cultivated in sugar cam
for o limited time three pieces O
land on the Waikapu side of the sane
hills amounting to 1O7 acres and en-
closed and used as paddock Is
acres of pasture land.
The defendant has received som
inconsiderable sums Of money TO
pasturing animals on the unenclose'
portions of the common property
the amount of which is not shown
but an account Of which was kept.
It is not possible to grow suga
cane on any of the common estat
without the use of water for lrrlg;
ton. The land cultivated by plainti
was and is accessible to water frol
the Hamakua ditch and the Walhe
and Wailuku streams.
w. II. Cornwell was manager
the Waikapu plantation in 1876, an
has continued as such to the presel
time, covering the period before an
since its incorporation of the pro-
ertv. In 1882, before its incorpor
ton, when plaintiff began to ploN
fence and cultivate on the commo
property, W. IL. Cornwell notifie
his then partner, Geo. w. Macfa
lane, of this fact, who applied
Claus Spreckels, who then held
controlling interest in the plainti
corporation and the other half int
est in the 'Waikapu Commons" f
division or settlement. This I
suited, in July, 1882, in a visit
Messrs. Cornwell, Macfarlane al
Spreckels to the common propert
but, after riding over the land WI
a surveyor, no settlement was arr
ed at, Mr.. Spreckels saying that
was not an easy matter to divide t
land.
Both parties to this suit say tn
they never at any time denied t
= title of the other. Both Mr.. Coz
we'll and AIr. Macfarlane say tb
they never asked to be allowed a
portion Of the land included with
the fence OF the plaintiff corporate
and that their (defendant's) occur
ton Of the portion of the comm
,,roportv has never been interior