The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-10
In THE SUPREME COURT OF TIE HAWAIIAN
ISLANDS,

LIN The SUPREML CUURl UF The HAWAIIAN
ISLANDS,
DECEMBER TERM, 1897
ANNA DOS AMOS PERRY, ANNA PERRY ANTONIO
PERRY JULIA PERRY INEZ LARNARCH nee
PERRY and a. LARNARCH, her husband FLORA
PERRY and EDUARDO PERRY, a minor, by his
Guardian ANNA AMOS PERRY MARY LUCAS and
CHARLES LUCAS her husband.
APPEAL CIRCUIT JUDGE, FIRST CIRCUIT.
SUBMITTED JANUARY 5, 1898 DECIDED MARCH /, 1898.
JUDD, CT, FREAR WHITING, JJ.
equity establish boundary
by upon
allegation boundary
allegation that the the reckless
compliments a boundary
which mentioned in his
destruction
jurisdiction establish
There special equity
A Award be
nothing
settling
boundaries could sustained
superior
equitable n complainant.
OPINION OF THE COURT BY FREAR
This is entitled Chill cloud, establish
boundaries and for nunction There allegations and
prayers bearing each of these objects The allegations
and prayer with reference the injunction merely in
cdenta the other allegations and prayers and need be
specially considered The defendants demured the grounds
CD that the bill does not state facts sufficient to show
of action and 2) that compliments have complete and
adequate remedy law Whether there is complete and
adequate remedy any remedy at law need not
consider for in opinion the bill does show for
relief in equity
bill establish boundaries? This the question be
decided Of compliments counsel regard the bill
mainly establish boundaries looking upon the removal
of cloud chiefly result of the settlement of the boundaries
while the other lays special emphasis upon the removal of the
cloud and treats the settlement of the boundaries chiefly
suit of the removal OF the cloud.
as to establish boundaries
appears that complainant Anna dos Perry holds
for herself and her children also compliments the land of
Waupe in the District of Kona Oahu adjoining its
side the land of Niu owned by the defendant Mary Lucas and
that the Land Commission Award NO S02 and Royal
Patent No 52 of Niu of earlier date than the survey
Award NO 6175 and Patent NO 449s) respectively of Wal
lupe The compliments seek establish the boundary be-
these lands and that the boundary be decreed
be that forth in the bill by courses distances and natural
and claimed to be the boundary
substantially the that set forth the Patent of Waupe
Two grounds relied upon give equity Jurisdiction The
first is that the boundary of Nu described in its
Land Commission Award and Royal Patent IS alleged sin
correct uncertain defective indicate
gross and mistakes the part of the surveyor who
plotted the sam and does constitute the true boundary
between said lands of Nu and Waupe and that the true
boundary between said lands be ascened by the de
cption thereof in said Royal Patent and Land Commission
Award and that the boundary described in said Award
and Patent ppors extend into the land of Waupe and
includes portion of Niu certain valleys from time i'm
memorial known portion of Wailupe.
this ground be noticed that the description in
the Nu Award and Patent out the bill that the
may Judge for itself whether the boundary there de
cribed "ncorrect uncertain and Detective and that too
though the allegation that such boundary incorrect
tain and Detective is shown be merely inference from