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

land for right
land be used in particular way can
equity.
The agreement of portions whole
land parts
ed by purposes
agreement that is atning
the terms and conditions set forth.
The particular
assigns who with notice
Where
breach
OPINION OF THE COURT BY JUDD c. j
The under agreement the subject the pre-
litigation:
This agreement made and entered this 9th day of
September 1885, L. Honolulu
in the Island Of Oahu the of the first and Charles
A. Brown of the place, the party of the second part
Whereas the said party of the first part the of three
hundred and fifty $500 head of and hefe the said
Island OF Oahu and Irene Ii Brown the wife of the SAID e. A
Brown the of the of land known the Ahupuaa
of Wapio and of other Ills and lands situate within the said
Ahupuaa of Wapio situate the District OF Ewa Island OF
OAHU aforesaid and whereas the said party of the second
by and with the of his said wife Irene Brown, signi
fed by these agreed and with the
said party of the first that the said three hundred and fifty
$50 head of and heifers shall be pasture the
lands said Irene Eva upon the
and conditions hereinafter forth, and together with
their shall be held and sold the joint of the
party of the first and second part in equal shares
Now this agreement witnesseth that pursuance of the
premises and consideration of the mutual benefit be derived
by the parties hereto he the said party the part
hereby himself his administrators promise
and to and with the said party of the second part and his
executors administrators or assigns that will
months from finishing of the mountain fence
agreed be built drive and upon the Ahl
nuaa of Wapio and other lands in said district of Eva living
the Ahupuaa, three hundred and fifty $500 head
of and e efer to be under of to be
owned together with their increase by the said of the first
part and te second part and equal shares;
That he viii build at his cost and mountain
from the Waawa fence the fence dividing Wapo from
Waianae-uka
That he will furnish his and three (3
bulls pure part poled Angus breed for breeding
original herd of three hundred and fifty $3.50 head
will brand the said herd of three hundred and fifty
$3.50 and hefers and all their increase with brand to be
registered the joint brand of the parties of the first and second
That during the of this onehaf
q number of cattle that he have the right to deliver
by his 1872 interest in the Metropolitan Meat Co. to
be said lands from partnership cattle for their
Joint account;
That he any charge for rendered by
him carrying of the herein contained,
of the business for which these presents entered nto
That any of the cattle live stock fatened and
ready for SALE will sell the be sod and the
proceeds thereof after deducng Of driving and deliver
ing shall be equally divided between the parties OF the first and
second part; . . -
ecutors administrators and assigns doth hereby promise and
agree with the said party of the first part and his executors adj
and that he and they and shall pasture
and herd hundred and fifty $3.50 head of and
hefers and all bulls used for breeding
poses the lands used for pastrage he party OF the
second part reservng all lands used for the cultivation of
rice and tao the fish ponds and fishery the land
now used making SALT all Konohk house lots the
house with vegetable garden mauka OF same the paddock
between the and depot and the small paddock maka of
house occupied ranch house. by the of the second
par in said Ahupuaa of Wapio and other lands within
said Ahupmaa free of charge during agreement;
That he will all wild unbranded cattle running upon
the said Ahupuaa Wapo and other lands within aon
ING said Wapo under his control to be held and owned for
the joint of the parties of the first and second
That he will all his herd of cattle running
on said land branded and to be held and
the joint of the parties of the first and second
pa1b; -
and it mutually agreed between the parties of the first and
second part this shall be in force for the
of fifteen from the date hereof fully to be complete and
ended
That all net profits shall be divided equally;
That all connected with the business to wit Brand
ing driving freight repairs existing fences and houses used
IN the business fence erected by the party of