The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-28

defendant declines to comply;
And that plaintiff informed by the defendant and be
eves defendant will, unless restrained by writ of in
junction issuing this Honorable Court make the lease of
grants of and of other rights herein mentioned
and such injunction is here prayed for
Wherefore the plaintiff prays:
That the defendant be summoned appear and answer
hereunto bound by all the proceedings be had therein
That the defendant its officers agents and servants be
enoned by writ of injunction issuing of this Honorable
making lease of of the land and hereto
used for said cattle cattle ranch, and from making
grant any rights OF water, rights make MAN
tain bitches fumes upon any of said and
such other and further relief orders and DEGREES
be and proper
Following the amendment:
The plaintiff with the consent of the Court hereby amends
his bill by adding thereto paragraph numbered pa
ga That the said Charles Brown and the SAID Irene II
married the both day of September, 1885,
time when by the laws of Hawaii the husband by virtue OF his
marriage unless otherwise stipulated by contract have
the custody and usuruc rents and profits OF all
property of fixed and mmovabe nature belonging to his VIE
before marriage accrug her after and by virtue
of which he COULD with her written consent rent otherwise
dispose of the for term not exceeding the term OF ms
natural life;
That neither the the marriage of the said c. A
Brown and Irene Brown before since then
stipulation by express otherwise by virtue of which
the said c. A Brown deprived of the rights
and privileges conferred him by the said law last above
referred to, made entered into;
That the said Both day of September, 1885, the said
powers rights and privileges above enumerated by of said
law and said marriage accrued and became vested in the said
c. A. Brown into and concerning all of the property of fixed
and movabe nature belonging to his said wife before said
marriage and continued belong and be vested in him up
and including the said 9th day of September 1893 the day of
the date of the said agreement the subject of this suit;
That Ahupuaa Waipio and other lands in said
mentioned occupied the purposes of said
agreement the lands of the said Irene Brown and be-
fore the said date of her said marriage and said
subject usufruc and disposal of her
said husband accordance with said law and continued
and including the said 9th day of September 1893, the date
of said Agreement"
This bill demurred by defendant the ground that
does disclose facts sufficient constitute of action
and that the plaintiff has complete and adequate remedy law
The Judge overrued the demurrer and the defendants
appeal heard by the September term
We have found the of law raised in this
be and difficult of solution.
The plaintiffs contentious that the agreement binds
Charles and Irene Brown and their assigns the John
Estate for the of fifteen years The plain
tiff interest the land which cannot be cancelled at the will
of the Browns of the defendant their assigns The
but virtual lease of
the land Equity should enon the alienation by defendant by
lease otherwise any portion of the land
ssent with their pastuage and for cattle under
the The lease contemplated be made by defend
would diminish the value of the land to the plaintiff
cattle ranch and subject him reparabe loss and injury and
would be in violation of the terms of the agreement
The defendant claims that the agreement created
license revocabe will with notice plaintiff That the agree
created partnership between the parties and lease
Of the and that for damages the proposed lease
made would afford compensation to plaintiff
We first consider the legal status of A Brown when he
ecuted agreement He married Irene
owned the land in question The Married Womens Act
passed 1885, Mr. Browns be settled by the law
force in 1885, which Section 1886 of the Compiled Laws:
he husband shall in virtue of his marriage unless otherwise
stipulated by express contract have the custody, and
sufruct rents issues and profits of all property of fixed and
immovable nature belonging his wife before
crung her after marriage and he may with her written
SENT otherwise dispose of the for
ceeding of his life That this vested right
the husband affected by the subsequent Act of 1885,
Nan, ChOng Dc Co. a. Lau Kona, 8 Haw. 373
Mr. Brown them having the legal right lease otherwise
dispose of his wes property had during the of his
tural e the right into the agreement, his wife