Wailuku Sugar Co. v. Hawaiian Commercial & Sugar Co.

DISSENTING OPINION OF

FR'EAR, C.J.

I respectfully dissent. The words “e pili ana” mean “joining,” “coinciding” or “uniting with” and are at least the equivalent of the word “along.” The word “kahawai,” although it may etymologically mean “water-mark” and may be used to denote a. dry gulch in which there was formerly a stream, undoubtedly was used here in the sense of “stream.” The bo mdary would, then, be described (translating) as: “South 36° West 1.22 chains along the stream.”

It is true, the words “e pili ana” are used in describing the other boundaries as being along adjoining lands and, of…