The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-18
INTRICATE LAND
TITLE DECIDED
Judge Weaver Grants Decree TO
Levers & Cooke for Old
Royal Home.

Judge Weaver of the Court of Land
Registration yesterday rendered de-
cision granting the petition of Levers
& Cooke, Ltd, for a registered title to
the premises at Queen and Punchbowl
streets (once King Kalakaua's private
residence). conveyed to the petitioner
by Kapiolani Estate. Ltd. There is a
good deal of legal history in the de-
cision, which in part is as follows:
LAS to the Territory of Hawaii
claiming title to a triangular piece of
land in front of the corner of the
warehouse building on Punchbowl
street the location and size of the
same being shown on the map on file
with tae petition, / find that the pc
titioner is the owner of the fee SIM
pie tile therein and that the Terri
tory o. Hawaii is entitled to use the
triangular piece of land at the corner
OF Punchbowl and Queen streets as a
highway tor the use of the same as
a sidewalk for foot passengers, and
therefore that the said strip or piece
is subject to a public easement for the
las to the claim of the Hoola and
Hooulu Lahui Society that a certain
agreement dated February 10, 1898,
and recorded in the Office of the Reg
istrar of Conveyances in Book 1893, at
page 251, between David KawanaTa-
koa and Jonah Kalanianaole with Ka~
piolani, created lien upon all the
premises conveyed by Kapiolani, to
said David and Jonah, among other
lots that part of the lot described in
the petition included within the bounds
of apana / of L. c. A. No. 129, issued
to Kinimaka. and that said lien shall
subsist until the payment of the sum
of $4,000 in monthly installments of
800, the matter has been submitted on
the pleadings, and find that there is
due and unpaid upon the said agree
ment the sum of five thousand seven
hundred dollars.
II am of the opinion that the agree
ment above described is a personal
covenant and does not run with the
land. l therefore find for the petit
toner and against the claims of the
society, and decide that they have no
interest in the land described.
"As to the claim of W. w. Ahana
that he has an easement for a right
of way for going and coming over a
portion of the land from his lot to
Halekauila street, I find that he has
not acquired any easement over said
land and decide that there is no ease
ment over the same. There was no
easement there in ancient times and
said Ahana has not acquired one by
prescription since. The land of petit
toner is free of any such easement.
There remains to decide the main
controversy as to the ownership of
that portion of petitioners claim in
Guided within the boundaries of land
described in L. c. A. No. 129, apana 1
awarded to Kinimaka.
1.-The facts are shown in the examin-
er's report as elaborated by the ex-
hibits of the original papers in Equity
No. 155, David Kalakaua V. Pal and
Richard Armstrong, guardian; Equity
No. 1916, Kapiolani Estate, Limited V.
Mary H. Atcherly; Probate No. ITO,
estate of Lila H. Kaniu, and by the
oral testimony of witnesses as to the
actual possession Of the land in dis
pute.
There is now pending an equity
case involving the same controversy
as to the effect of the decree of a