The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-11-14
This is bill for the partition the land of Nhauepu

This bill for the partition the land of Nahaulepu
on the Island of Kauai.
large number of persons about fifty in number, bought
September 25 the land question from the late th
Keekolan for the of ten thousand dollars The deed
convened grantee his undivided OF the land
rateably with of the consideration paid or
agreed be paid by him, for instance, Ito A W. Maoho
an undivided of four onehmdredths, and SO the
whole land being theoretically considered as beng one
shares W. Maoho interest being four Of such shares
The day the grantees made conveyance OF the same
land persons "John Punt A. K Mika and N Pann,
and forever, but IN trust TO
of the said ganors and to mortgage the
same for not thousand dollars raise
paying balance of the price of said land amounting to
eight hundred dollars and generally
sell reconvey in whole of the said interests accord
ing instructions of all the said grantors and their
legal representatives.
The mortgage of the has been paid
discharged The plaintiff corporation has purchased the
undivided interests of large number OF the grantees under
deed first mentioned and holds sxtyfve and three
of the shares xtyve and threesevenths
hundredths of the whole
the second above mentioned deed
made parties the BILL which pays for partition of the land
and makes the holders of the remaining undivided interests
parties defendant.
The bill demurred by of the defendants
follows:
j. Smith, j. K. Farley j. X Smith
guardian ad Item of the minor defendants said Anake
Kealohapauo, POikauaui William Chairman, Paupau (w),
Kao Keahaukea and J. Iuhana demr the bill of complaint
herein and for of demurrer show as follows
That the said bill fails show any title in the plaintiff
such establish rights against the said defendants
to the partition prayed fer. sR = s.eeze-e
SO. That appears by said bill that the legal title in the
land sought be paroned by deed of trust therein
ferred conveyed three parties therein named in trust to
hold the the of the ganors named in said deed
and for other purposes therein named.
That it does appear in said deed of that the
therein named make, that the
therein declared and created includes permits the partition of
the premises either voluntarily by said trustees their
successors, otherwise.
That of the of trust
of their said heirs appear be-
made parties defendant in said cause although the legal title in
to IN
bill of complaint the trustees named in said deed of
trust, their successors or heirs
IS. That the said bill of complaint does show legal
title in the plaintiff of the land sought be parioned
that the plaintiff and defendants coenants but
that the legal title all of said land in three having
by the terms of said trust deed to dispose of said land
except according the instructions of all the ganors therein
named their legal representatives and that therefore par
ion of said land be made compelled except
corCance with such instructions.
So That the said bill does contain matter of equity
whereon this Court ground Decree give the plain
tiff any relief against these defendants any of them
The question is whether holders of equitable titles in real
estate have partition in equity without bringing
the holders of the legal title We think they grantees
OF the land under the deed OF keekoani
each having undivided interest in the land
proportions forth in the deed This interest still continues
though the legal estate Is IN trustees tor special purpose
The principal has executed for as we have seem
the for the remainder of the purchase money made
and has since been discharged There nothing the
trustees to do except all the ranto shall instruct 1t
not likely that the plaintiff succeeding the rights large
number of the of the second deed will agree
this
be inconsistent with plaintiffs desire expressed
bill to hold and enjoy its portion of the equitable in
severay However that may be- the not Joined
and they asked reconvey the legal title
The equitable title held by plaintiffs and defendants
the subject of partition Equity proceed par
ton between owners of the equitable titles without bringing
before the Court those vested Freeman
Cotenancy and Partition Sec. 439
Among the referred to is Core Smith Johns Oh
271 1t bill for partition and the defendant up an
equitable title and claimed partition according rights
by The Chancellor held so claim He
baCo6 his EUrf rriDIf
where Lord Hardwcke ordered partition an equitable title
and ordered the holding the legal title to convey In