The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-09-26
ozS10S o. IKE COURT ~ 5UpB, G.,

Czyr1S o. IKE COURT ~ Urn, CT
This Is bill for partition q land
snd Eo- Al secouut- Both parties
agree tina. partition nsy be made,
ani TIE uzIn question before Is Is
whether 81 sccoQnt Of issues
snd profits shall De ordered The
hi : defended. By leave OF the
Court. by George W Mscfsrlsne. s
Shareholder II and owning o1e-half
q t.e stock Of the defendant copper
z-so1- the other half q the stucS
beng hsId by Claus SPEeekels, ss
tr-z1ee f0- the plaintiff coEpo-atlou-
LzsTe FEs given 10 hr- 4scts-lzne
% defend the suit q e Shareholder.
because Il Ess impossible 70 procure
su-UC-zts sss102 II the Defendants
sc-uorstion. tie stock bsicg Eeld IL
e1Gz1 u-opo-t5ocs b. NJ MscfsrIsre
ard M Sg-sckels, and the bylaws
recurring the assent OF three-to1rThs
q TIE stock for corporate action,
there bang 10 directors
We ind tie substantial facts OF the
case % De IS follows Inc plsIntlE
corporation Owls n fee simple one
undivided half Of the land n ques
s1oz-Ehich consists Of & portion o. the
Ahuu1zzs OF WsIkzp1 snd q Pule-
h1n1i. known together Is the Wal
kzuu Couuo-s-7 sItuEted On the
island q Mani The ares OF the En-
ire trscs i about 1900 zcres- Il
consists mainly Of the land On the
istEuus between East and West Mani
and bss z chain q sand hills running
through and dividing It. The land
vas f0-ueEIy owned b. o1e Henry
CoEuEeu- who conveyed ore 1ndl-
viied half thereof % Claus Sprecksls
o. the 9lsh June. 1878. and Claus
SurscksIs conveyed the sane Interest
% the plaintiff corporation On the
9th February, 1855
HERR C0ruEeLl conveyed fifteen
=rteerths sf ore-hzIf q this land
70 George " Mscfsrlzne and Wu-
q. CornEeII On the 1st March, 1871,
sud OF the 9Th June 1879, he COZ
vsyed 70 the sane parties The remain
Ing one sixteenth
On the 4th December, 1883 g. W
MscfzrIsns and VIZ H CornEe1
eou7eyed thsiF one undivided half OF
this Iznd. thus acquired to the de-
tsudzrt corporation which had been
Incorporated On the 18Th July OF the
sane rear Until the year 1889 the
- --F--z--- r------s-----
we're owned o1e half By Wm- 4
CoruEeu ard the other half By Geo
v. MEcfEris1e- except eighteen
shsres held b b r Hind and which
became the property Of Ny. MsefEr
lsue II March. 1889, who has since
held then Clans SprseksLs bought
II March 1859. the shares Of Vim
H Cornell and holds them for the
ulsinfiF corporations and ct the date
a the bill tie stock Of the defendant
coEpcrefi0u vas owned g shove
ststed. ous half o. LIZ. MsefsTlsne
and o1s half b the plaintiff eorpoE-
s-I0n-
TIE property II QUESTION held Is
tenants II c5un5n b the plaintiff
sE1 defendant corporations n n0le-
ties contains Is stated Eb1I- 1900
scres CT land s1diE lies between the
Lzrd ard sugar E0rE q thsss rs
uectiTe co-po-stI1Uz. tLsCe beng
ebcut 500 acres cspsble q growing
suEE Gaze 4 irrigated On tbs SIDE
ca the interesting sand nils
us-r 70 ard adjoining the pop
er1T ard Eorkz q t1s Plaintiff
cooperation ard sb01E 200 zeres OF
sznIIzr character ou the SIDE OF tie
szcd hills s5i1zui1g the WsIEspu
plantation defendant e0EpoEstloli.
No Part q tEis land hss water upon
II O. zsssr rights EiEh witch sugar
care cOlId b cultivated IS % TIE
rsIztiTe quality and Tslus q the
land q each side q the sand hills
the testimony e conflicting. and It :
not essential hers 70 consider which
pz-t ( the uore FzI1zble- When
Nh. S1rscksls purchased from Henry
CoEuEel he made 2 written agree
uent b. which Mr. CoE1Eeu was
allowed 70 Craze his csttle On the
COMMON property ard On the Ah7-
p1sz Of Waikiki owned b Mr.
Sursekslz- f0E three and half years
free Of charge; and On the zsh
Angus. 1881 Mr.. Spzsckel aud Mr..
4 Co-nEsn signed n agreement 70
DIVIDE snd partition the lands owned |
by them Il comma q Mani and |
E0.e especially the tract OF land one
undivided half Of which was sold By |
Co.nEsM % SpzseEsIs (the Wsikspu |
Cov--r=i RE- A. Mr. III CCxuEeIl