ADUMUA-BOSSMAN J.
This appeal concerns stool land cultivated by the late James Obodai, an Akyem Abuakwa person who appears to have settled with some relatives in Nyakrom and to have cultivated Nyakrom Stool forest land subject to the payment of yearly tolls of £2 to the representative of the stool.
The evidence establishes that the successor of the said James Obodai upon his death intestate was by native law and custom, a Mr. Forster, but that as a result of litigation between the children of the late James Obodai and the successor, Mr. Forster, the latter allotted or apportioned to the children part of the landed properties of the deceased, including:
“the land with Cocoa Farms thereon at ‘Obotomfo’ in Nyakrom which is the subject-matter of this suit; with directions to the said children to discharge the' burdens' on the land,"i.e., to pay the yearly tolls payable in respect of the tenancy. Upon the representative of the stool writing to enquire: to know the present condition of our lan…