The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-15


cultivation of and being bounded the north by
the the by deep gulch by deep
gulch and the south by the northern line Of hundred
tract under of lease be made in December A d.
1888 between the said party the part and said party of
the second part together with the appureances appertan
thereto The Royal Patent Kukaau shows that this ahupuaa
extends the north the seashoe and that Its sides,
tending mauka maBa along the middle
Of the deep gches above referred Undputed evidence
shows that the north end there is high bluff stretching
the entire width of the aupuaa and that the of the
land lying between the upper edge of this bluff and the is II
acres also that the of the sides of the deep guches
far south the souher line of the piece of land question:
between the middle of each guch and its inner and upper
edge acres and that the land included within this total of
70 Suitable for the cultivation Of sugarcane that
the the land leased includes these 20 acres
is 1911 acres Ill if does include these 20
The question this whether the description in the lease
declared includes the sides of the guces and the bluff
the
ETh lease made of the of
entered into September 49, 1892 by Charles Motley
and the original ee wherein it agreed lease the
akai portion Ahupuaa of Kukaiau being that portion of
said land suitable the cultivation of such quantity
to be less than 500 and not to exceed 1000 acres
months the of this agreement, wit
December 1892 the parties entered another
agreement lease yearly rental of three dollars
hundred of land upon the Ahupuaa of Kukaiau
the woods Akuea being the point which fern
grow amongst the TIMBER the line crossing the ahupuaa f.
so S. and the upper side of such hundred be the full
width of the ahupuaa and the first day of December 1888
accordingly executed containing the following de-
scrption All that parcel of land situate in Hamakua Hawaii
H T. containing hundred upon the Ahupuaa Of Ku
kaau and being bounded the north by the southern line of
parcel of land leased by the said party of the first part the
said party of the second part the first day of May 1888
guch a guch and the
south by the forest
It that the conclusion put upon the lease by the
correct that the demised premises included the
guches The boundaries certain, the north
by the ocean, the by deep guc, the by deep
guch and the south by the northern line of hundred
of be made in December A
D. 1889 between the parties The exact location OF this
southern boundary disputed the lease of December 1888
having been made 1t claimed by defendant that this general
should be modified and the reduced
by part the description being that portion of the said land
"sutab1e for the cmuation of sugacone 1t be
conceded the sides of the gces referred we'll the
bluff the northern side suitable for the cult
walton of sugarcane''
The description in the lease called for the makai portion
Ahupuaa of Kukaiau The plaintiff Oessor owned
the middle of the guches his grant from the government
described the land of Kukaa Should the land leased be
held the middle of the guches and include the
sides of the gulche? The northern boundary the
this admits OF ambiguity and the bluff included
Where boundary line simply by ob natural artf
ca which has width, nonnavigable stream, Cor BETTER
private and public stream) way ditch, wall, &C.,
the the boundary In the of things however,
if the land be bounded by "house, wood" 'aioad
another parcel of land the line does go through
of such Objects would suppose that the demise
grant should carry with the half of house
the lessee grantee could make any beneficial
the of railroad cut, So r. 49, the easement to the
of he Of the
cple to apply and it exception. If the gantor
the land the way, wall stream ditch &C.
there would be in his granting leasing to the inner
edge of the retaining himself the space between In
this would be him. Each case nust he
considered by itself In the case of eucb the land torn