Honolulu Republican, Volume IV, Number 504, 23 Ianuali 1902 — SUIT FOR LANDS AT KOOLAULOA [ARTICLE]

SUIT FOR LANDS AT KOOLAULOA

i isaac Testa Sajs Property In Kapaka Is His By ; Right of La*. FIRM OF TFT C9OSG IS BJSKRUPI _____ ARCHIBALD GILFILLAN’S WILL NAVES CECIL BROWN ’ I AS EXECUTOR. Demurrers of Lucas Minors—Sister Albertina Ejectment Case —Notices of Appeal —Pain Makes Answer—George Markham's General Denial —New Term of Court. By his attorneys. Smith £ Lewis, Isaac Testa brings suit in the First Circuit Court against H. Kauaihilo.■ . John F. Colburn, executor of the will' i of Antone Rosa, deceased; Helen A.; ! Rosa, guardian of William Ladd Rosa. Mahelani Rosa and Rose Rosa, minors. for the declaration of trust, the appoin tment of trustee and convey-. ance of real estate. The complaint alleges that on Aug-i i ust 20, JSB9, the defendant, a resident, 1 of Kapaka, Koolauloa. possessed cer , tain lands at that place which he de-j livered to Testa by mortgage byway of securing the payment of a promissory note and that when the note be- ( came due no money was forthcoming and steps were taken to foreclose the mortgage. Rosa bid in alt the land involved when the place was sold at auction. When Rosa died he had possession of all the papers in the case and th? plaintiff believes that the foreclosure proceedings were not completed, in that, after the sale of the land, no deed or other conveyance of the premises was ever made by him as mort gagee. J. F. Colburn was appointed executor of the wi*l of Antone Rosa executor of the will of Antone Rosa was appointed guardian of the minors on the same date. Plaintiff asks for the appointment of a suitable perI son to succeed Antone Rosa, deceasI ed. as trustee. In the Federal Court. ! Übited States Judge Estee yester- | day morning adjudicated bankrupt i Chew Man. together with five other I Chinese, who carry on business tin j der the firm name of Yet Chong, at Aala lane, in this city, the petition of the bankrupts declaring that they owe debts which they cannot pay. 1 They say that they are willing to | hand over all their property for the 1 benefit of their creditors, except what [ is exempted by law, desiring to obtain the benefit of the United States bankruptcy laws. Their assets consist chiefly of goods in the possession of the High Sheriff. I taken by execution and amounting to j ssrt Oin value. There are no secured I creditors. Unsecured debts are 1 shown as amounting to $1560.86 and debts to be paid in full 1212.9". Among the debts are fifteen small promissory notes. The following are u few of the debtors; Ah Shin, one ■ arm. s.4*'; native. 52.80; white man. mason. half white, carpenter. $1.25; mason. Portuguese. $8.40; Jap (crok). $2.T5; water boss. $3.50: Dole. $.60: mill hand. $2.60: water pump. $3.00; blacksmith. Portuguese. $2.70; No. 5 pump. $2 00. Pearl Harbor Land Valued. In the matter of the appeal for a new trial of the Honolulu Plantation i Company, the brief of United States ; District Attorney J. J. Dunne, which I has been delivered to Judge Siiliman, ! representing d'fendants. declares j that the jury went outside of the j evidence in placing a valuation of j $15,208 on the improvements on the i land in question. Judge Siiliman yesterday afternoon handed his brief, in reply, to Mr. • Dunne. The following, in part, is Mr. Dunne's brief: *T. The 561 acres nev.r had any annual use. "2. They never had a yearly value. "3. They had never b?en cleared, plowid. sowed or cropped. “4. Nearly one-half is useless and unfit for cultivation. "5. They never produced any income whatever. “6. The whole piece is raw land that never has been cultivated, that never raised a crop, and whose capaLll’ries sr- rureiv speculative. *'T. Shallow soil, rocky patches, ■""''hy spots. “S. No water supply beyond one small brackish artesian well. Psil-omd easement. “10. No improvements. Neither tn» mill nor the pumping plant is on this ■ land. They are both iadependi nt, and built prior to the clearing and plough ing They would have been built anyway, whether the defendant got • :his land tr not, as they were bol~ ndisp;* •'able to the it Ht 8( v acres of the plantation, “11. Until recently this land was a i waste, overrun by cattle. It was net*, subjected to any useful purpose. <

whether for transportation, storage, t repair shop, or ether purposes or as z living ground for employes. 12. The**- 561 never had , any influence, whether for good or bad. upon the remainder of the plan ration. They neither produced nor ' rontribated anything to the annual ’ use of the plantation “13. Ev n on the assumption that ; these acre* are as good as the rest, the Dowsett lease transaction shows that $2» .4" per acres is a fair va’.ua-. * tion upon defendant's own conin' - ! ' and judgment in the purchase of that Rase." Demurrer of A. H. Lucas. Albert H. Lucas, one of tae defend ... f Sam All- n aeainst Thomas R. Lucas et al. ■ by his guardian ad lit-m. T J Dunne lemurs to the plaintiff's complaint all ging that the complaint fails to state sufficient facts to constitute cause of action and that it is ambiga ous. unintelligible and uncertain. Thomas R. Lucas. Jr... Lydia C. ; Lucas, minor, defendants in the above case, by their guardian ad litem. E M. Watson, also demurs to the plaintiff's complaint on the sam a ground* , given In the demurrer of Albert H Lucas. The case Is a bill for fere- , closure of mortgage Gilfillan’s Will. Petition for probate of the will of the late Archibald F. Gtlflllan has been filed. Cecil Brown is named as executor. The deceased died in Fhila delphia on December 23, 1901. leav 1 ing an estate in this Territorv a* fol lows: Two lots situate at Kulaoka- , boa, baseball tract. Honolulu, and property in San Francisco valued a* 1 about $3OOO. Personal estate con , slsts of stocks and money in hand j ' valued at $BOOO. Mabel Phillips of Honolulu and 1 James C. Gllflllan of San Francisco i are named as devisees and legatees Petition has been set for hearing on i Monday. March 3. Estate of G- J. Rocio. Final account of J S. Azevedo. ex ecutor of the will of J. Rocio. filed yesterday, shows a balance on hand of $364.18. Monday, March 3. has been appointed as the time for hear ing the petition for allowance of ac i ! counts, final distribution and dis ; charge. Ejectment Case. Summons w - as yesterday returned ‘ as served in the case of Sister Alber tina. trustee for Stella Cock tt against J. Kaailina et al. ejectment. Sister Albertina complains that dc fendants have unjustly taken into j their possession a piece of land at i Waikele. about 1 25 100 acres, which plaintiff claims in fee simple by de scent purchase and otherwise to the | damage of plaintiff $156.25. Notice of Appeal. Notice of appeal, certificate and record from Second District Magi? trate of Honolulu has been filed in J the case of Allen & Robinson, Limit ed. against Tam San. Fu Lee and Ah Tom. for alleged Indebtedness. To Hear Demurrer. In the case of Paulo Lono against Julia Achieu, bill to set aside and cancel deed, complainant makes mo tion that the demurrer of respond ni be set for hearing. Andrews, Peter; & Andrade for plaintiff. Pain Makes Answer. Answer has been filed in the case of George W. Hayselden against the Hawaiian Tramways Company, Limited. trespass on a case, the defendan* by Holmes & Stanley, denying all allegations in the complaint. Petition Granted. Petition for an order to discharge in the matter of the guardianship of Kahanu. now of legal majority, has been granted and Henry Smith, guar dian. was yesterday ordered to pay to Kahanu $l6B. * Guardian's Bond. In the matter of the guardianship , of Joshua David Koki a minor. Theresa Aiu Koki. principal, and Thomas Aiu and S. D. Koki. sureties, have filed a bond in the sum of $7,000. Theresa Koki is appoint°d guardian Defendants Appeal. Defendants in the assumpsit case of Lee Kow against Lee Chan and Vong Jan give notice of appeal from the Second District Magistrate of Honolulu, filing bond for costs. George Markham's Answer. Defendants George Markham et al mnke answer of general denial in the action to quiet title brought by Pe lew Joseph M Pospoe is attorney for the defendants. New Term of Court. The new term of the First Circuit Court will commence a week from Monday Venires fer a grand and a petit jury will be issued within a f- w days for service. Both Judge Hum phreys anji Judge Gear, who is ex-j-ectid bark ~tltc tne Coast on the Ventura, will ho'd court NotafV Public Kellett. P D. Kellett was yesterdav cem missioned to act as notarr public for the First Judicial Circuit.