The Hawaiian gazette., 1896-08-07
OPINION OF The COURT. BY
JUDD. c. J.

JUDD c J.
This case comes 10 Is upon exceptions
from the Circuit Court. Fifth Circuit,
Judge Harry. jury waived Il i an
action o. siscCmsnC-
The trial Court found the uuGisputsG
facts thar IN January, 1873, some htJy
native HawailzrS bought the land OF
-WaI-iha on the Island Of Kauai On
The 10th OF September. 1877, 8 written
constitution was signed by them OF
these persons one was huuzka saua
and another hiIauacC, The father o the
plaintiffs This CONSTITUTION provided
for 4 general manager Guna uUi). sec
rs-zry and treasurer, and gave the care
Erd control Of the land OF the company
lhui) 70 The general manager. Il was
provided BY Sec ) Of the constitution
that nvs acres should be set apart 70
each member d the company. The
method adopted vas THAI applications
for lots were made in writing. and On
approval As 20 location, given q
stated meeting Of the company held IN
pursuance OF the constitution twice
year, The manager and secretary issued
70 the applicant certificate. setting
CT 10 him BY DeLeS and bounds the
parcel Of land applied for
huuzh2kzua made application for
: parcel O. land called Uni the one
now Susd for, and b. consent o. the
manager took possession OF II IN 1878,
but as he had decided his interest IN the
land Of Wainiha 70 his son. kIlzuano,
in 1915. IL was awarded BY certificate d.
rectly 20 hIlzuzno IN 1881 This GII0C-
usnr vas ratified by the company Al
The meeting Of July. 1858 The plaintiffs
are the children q this kIlzuEE0, de-
ceased IursS-zrs- The defendant W IA
IeEkInL also one o. The tenants II COZ
mon Of this lard. finding the tract II
question u1occupieG-thAr Is, no one
actually living thsreon-took posses
sion OF II In 1854 and refused 10 restore
Il 70 plaintiffs Previous 10 Ibis n 1886,
the company passed & resolution that
10 member Of the hui tcoupacyJ eo1IG
C-l-ira-s Il VIII land already set apart
for another member ne could only do
It's mon approval BY the manager
No evidence OF the Gsfsutzzt'S contra
tic-eG these facts The Circuit Judge
rendered J1G g-enr for plaintiffs for The
possession Of this land and damages.
TIE exceptions taken By defendant are
upon the sane grounds upon which z
zoc-sUIt was asked for II the trial
Court and which WIS denied They are
substantially as follows
/ he plaintiffs cannot sue sepaE-
GrsIg for the parcel OF land II dispute,
because II i only part OF the land OF
WANNA which L owned in eoEuo1
b. many others. who have equal rights
70 every poCLiCu O IT, and the defend
ant l. one CT than
? TIE plaintiffs cannot sue % dis
possess defendant from the parcel Of
land II question because the land o.
WANNA has never been paruCio1e6
te-wse- the respective tenants in cou-
non
J. IN this action al the tenants il
comon should Join either Is plaintiffs
CT Defendants
I The records q The company do not
zECrG sViGszes that the land las been
legally parC1ti1uec IN sevsraICy, TO each
member Of the company
; Deten6znr does not hold the land
IN question for himself alone hut for
the company. and his claim L not hos
tile 20 the company
s. No hui Company has Z rign- 20
make rules n couEaTEnriou q the
law q Chs land
Tie questions involved II this case
zre novel, owing 70 the novel eIrgu1-
stance OF 4 number Of persons having
purchased 4 land and while using =
LarzE portion Of Il n cowor- have
CE the land II seTer1IrF % each tenant
This Z lot Al ucouuO1 transaction
II these LsI1Gs To understand TIE
si-ua-iCu heE-Er We INST remember %
that the Ts1Gees OF the land Of al
mia were rE1a1-s II enuuCE We 20
held II Ava r. Hc-zsr- Eaw- 55 ~
No eHscCuaI Earrf-iCn- either voluntary
CT bE JUDICIAL acton has been EE5e
between ChE te1nE II eouuou
We then ask what right has one CO.
tenant GO bring siscrusar against an
oCksr co-Izn1nE for i portion q the
eouuc1 estzte2 There has been zc
custer Of the plaintiffs ~ dzfEndanEfrur
TIE entire cou1or estate hut only Ercz
specific portion Of the sane Eaet
Cu-tsuznr has the right CT possession
- u i-il------A-- -s-s-a1---
far forth then. the GEfenfzut 4 4.
mich =nlrI=d a. Che plaintiffs ara 20 n.
possesEfon q the parcel OF land u CUES
ton Bur there remains the Question
whether rhe agreement TO occrpY II
sevErzLTT ACCORDING TO the method
1-cpcEd bF the tenants IN cnunon i
sl1cisnt IN law 70 giFs 4 right c.
action 70 Ehs tEuau- To whom L vas -
C-p recover IL possession from Al:
crE% ey-zenant
We fnc 10 case parallel Eur Il seem.
1EeCEzE such An agreement made a.
tlIs en4 ~ for The cumuon herefr q.
TIE 1TF-1zrs az the and, 20 Secure har
.E&r ErE q