Ako v. Russell

OPINION OP THE COURT BY

BANKS, J. (Circuit Judge Davis, dissenting.)

This is an original submission under the statute on an agreed statement of facts. On June 14, 1910, Malia Russell, who was then the owner in fee of a certain parcel of land situate in Honokaa, Island of Hawaii, executed the following deed: “This indenture made this 14th day of June, A. D. 1910, and between Malia Russell of Honokáa, Hamakua, County and Territory of Hawaii, of the first part, and Enoka Ako of Honokaa, Hamakua aforesaid, of the second part, witnesseth, that the said Malia Russell as well for and in consideration…