The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-01
LAND TITLE
IS GOOD
Corporations May
Hold Over 1000
Acres.
THOUGH ORGANIC
ACT SAYS NO
Government Must Bring Action.
Kapiolani Estate Sued for
$1,000 Damages.

=
yesterday in his written opinion in the
case of j. 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 1000 acres of land, does not affect
the title of the land, unless through a
/ direct proceeding, instituted by the
sovereign. in this case the Government.
j 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 yoidable, to which the sovereign
alone can object.
The court sustains the objections to
the answer and orders the portion OBJ
ljected to as scandalous and impertinent
expunged. The bill alleged that, April
2S 1899. George Galbraith leased certain
land to John EmmeIuth. which the lat
ter assigned TO the defendant. Febru-
airy 26. 1900; that on September 81. Cal
braith leased the same land to the
plaintiff. The defendant failed to pay
the rent in October, 1900, which it is
lalleged constituted forfeiture of lease,
and the plaintiff entered into posses
sion Defendant refuses TO CANCEL said
lease, and sets up as a defense that
/ plaintiff's rights rest as trustee of the
| NahiaWa Agricultural Co, an Ha-
waiian corporation which already holds
in excess of 1000 acres, in contravsn-
ton of section 80 of the act to provide
a government for the Territory of Ha-
vail
/ 1t was also alleged by defendant that
the said Joseph B. Atherton is not en-
titled to the aid or assistance III any
way of court of equity in furthetance
OF such attempted violation of the law.
This latter allegation is the one ordered
expunged as impertinent and scanda-
lous.
The court upholds plaintiffs conten-
ton and holds that his title to the land
is good. The exceptions are sustained.
| In his reference to the alleged VIOLA
ton of Section SO of the Organic Act,
Judge Gear quotes from numerous opin-
| ions. Where a corporation is not al
lowed to take and hold title to real
estate a conveyance to it is not void but
merely voidable; the sovereign alone can
object. 1t is valid until assaiied in a dr.
rect proceeding instituted for that pur-
pose.
Defendants counsel admits that
deed to corporation of property by
which the corporation would own over
1000 acres of land would not be void,
but only voidable and they contend that
while the plaintiff in this act may do
as he pleases with the land as far as the
defendant is concerned, yet the moment
he comes into a court of equity to ask
the aid of the court, the court will refuse
to lend its aid on the ground stated by
the well known maxim, That he who
comes into 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
taken, in the case at issue, the maxim
being only applicable TO the transaction
with regard to which it is raised, which
is not the one involved in the suit
Mary II. Atcherly has filed suit of
ejectment against the Kapiolani Estate,
Limited, Panailoke. Kimo Kaliimoane,
Kauha Hale, Mrs. Kaluahine Hama,
Punahoa, Fiahoe. Hugo K. Kawelo, Lew
Iers & Cooke, Limited and Abigail K.
defendants that they have unjustly and
contrary to law and the rights of plain
\ tiff taken into their possession and con-
verted to their use and occupation a par
Gel of land situated at Honuakaha, on
Queen street and Punchbowl streets, in
Honolulu, containing an area of 2 3o-1O0
acres. Plaintiff claims title in fee SIM
pie to said property by purchase from
Moses Kapaakoa, who obtained it by
X n inns fha nTi
patentee, and claims damages in the sum
of $4,000. The plaintiff asks for the resti-
tuition of the property and damages for
its, retention.
TAX COURT WILL MEET
Notice has been given Ny w. L. Will
cox, president of the Court of Tax APP
peals for Honolulu. that said board will
hold its first session this afternoon at
1:3O. in the office of c. Bolte No 10 Mer.
chant street.
SUPREME COURT DECISION.
! The Supreme Court yesterday handed
down a decision in the case of H. K.
Kahe VS.. Mrs. Anima, All Kee and
others for ejectment, sustaining the rul-
ing of the Fifth Circuit Court.
The syllabus of the decision was as fol-
lows:
In an action for ejectment, proof by
the plaintiff of connected chain of title
back to the Government is prima facie
showing of title; and, in such case, proof
of possession by one of plaintiffs pred
y ecessors in interest need not be made
in order to defeat motion for nom
suit.
The evidence in this case. the defense
being that of adverse possession, held
sufficient under the instructions given by
the trial court to support verdict for
the plaintiff.
COURT NOTES.
An order was given yesterday to John
A. Baker authorizing. him to sell a GER
tain piece of land, in the estate of Piiwf
Panewa, deceased.
An inventory was filed yesterday by
Jonathan Shaw, guardian of Evelyn
Nichols Bidwell, showing property on
hand to the amount of 81, 273.73.
The fees for the jurors that served dur
ing the past term have been paid to the