The Hawaiian gazette., 1901-08-02
LAND TITLE
IS GOOD
Corporations May
Hold Over 1000
Acres.


Judge Gear made an important ruling
yesterday in his written opinion in the
case of ]. b. Atherton vs.. Wahiawa
Sugar Co., Ltd, one which in effect
holds that the Organic Act, wherein
it limits the holding of any corporation
to loo acres of land, does not affect
the title Of the land, unless through
direct proceeding, instituted by the
sovereign, in this case the Government.
The ruling has an important bearing
on the holdings of the various sugar
companies, in that it holds the title to
lands In excess of 1000 acres not void,
but void8ble. to which the sovereign
Ialone can object.
The court sustains the objections to
the answer and orders the portion OBJ
tjected to as scandalous and impertinent
iexpunged. The bill alleged that, April
rs, 1899 George Galbraith leased certain
land to John E,mmeluth, which the lat
ter assigned to the defendant. Febru-
AIRY &c, 1900; that on September p, Cal
braith leased the same land to the
plaintiff. The defendant failed to pay
the rent in October, 1900. which 1t Is
alleged constituted a forfeiture of lease,
and the plaintiff entered into posses
-, 49,. g.,
iease' anu se's UP as ueiehS '""
plalhtln TlSHts rest as trustee VI INC
Wahlawa Agricultural Co.. an Ha-
walian corporation which already holds
| in excess of 1000 acres, in contraven-
ton of section 90 of the act to provide
"A government for the Territory of Ha-
vail"
81, ,a,, raso,,,, - ,,i,,.,,,, 4, 80, ON
~ Sou - ,.. -
'i''eu " 'ie anu Vi aesis'ai'e III any
way Vi court ol equity III iurtheraice
"i Such attempted VOCATION OF the law.
This latter allegation is the one ordered
IeXpunged as impertinent and scanda-
lous.
The court upholds plaintiffs conten-
tion aud bolds tbot bis titI. ia tba land
is GOOD TIE axrentions ore sustoined
10 nc rafnronco 70 tba a,Iana, ,,iolo'
,i,, 90 cao,ior ~ % ,ba proo,io Act
Indigo Cear onotes from, numerous onin.
inns ..yybara cornnratinn 10 NOT al
iou,aa ~ 40 ond hnld tit,a 70 700,
ns,atc conynyancs r. II 10 NOT yo,a hmt
newell, ,oid,hio. Tho soyoroiyn ,lona can
nIiaot 7, 10 ,,oiid Win assoi,aa l., a al
ZOO, ,rnr.sdino instituted for tba+ nur-
nose
..D.c.,lo,,s, oo,,rso, ,a,,,,,s ,bo. =,
,t.,d 10 cor,oratior ~ nrorar,v nv
] u,Licb tb. corror,tin,, ,rouI5 o,,n o,,ar
ooo acras NJ Iond would NOT no yoid
,',,t o,,I,, ,,otIo,Ia a.. ,Ia,, ao,,,aIa ,Lo
n,huo ~, r,Iainti,f IN this ont ,,aY do
w, ~, 49,, ,,,itb tl,a ,anS a., 20, 49, ,ho
5,,r,,,3i,r,, t. ,onn,r,,e,, ,,'. tha ,,,o,,,a,,
~ ,n,,,as i,,,l oo,,rt =, ,',,it,, ~ al,
,bo aih % ,ta count tba no,,rt vii, raf,sa
In Iand rs MD on me Ground stated nv
,t,o ,,s,, -, ov,ir, .rhat bo u,bo
comes into "A court of equity must come
with clean hands, and that the plaintiff
having obtained the land by contraven-
ton of the terms of the Organic Act, cam
not be heard in court of equity to ask
its aid"
1t Is held that this point is not well
tahen' III 'he Ease a' ISSUE the maxim
win ,e"ara to y,htnh t. 10 roised rybicb
10 NOT ,ba ono ,nvo,yod Il, ~. snit
Mary II Atcber,v has 6Ied suit NJ
aiactw.,,, against tho KaninIopi Estote
imited panaiIoko Eimn Kai,,moane
<oIIha Hale Mrs Kouobine Hama
pnnahoo NIaboo uu,o u Kou,o,o Iaw'
ers G. Cooke Limited. and Abipail X
IComnbeu rho nIointiff complains NJ the
idefendants that thev have uni,stlv and
contrary 70 law and the righ,s az p,ain.
tiff taken into their nossession and con.
yerte1 tn their ,,sa ana occunot,on n mar,
col of land eituatad at uonuokoha or
Queen etrnc, ana purchbou,l streots IN
Honolulu containing nm area of . 1910,
acres pIojntifr claims n title In fee sim.
nile to said nropertv nv nurchosa fror
Moses Kanoakoo. who obtained If by
devise from Kinimaka. the Original