The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1882-10-04
Supreme Court of the Hawaiian Islands,
In Bsnco.


II. r. Miscarriage Ct a., vs. Thcs Spencer,
Thos- Spencer. Jr, e. y. Spencer and Il. r.
Hind; and H. r Macfarlaua Ct al, Us. Thos.
| Spencer and Thos. Spencer, Jr
The above entitled cases were tr.ed together
1 by consent, on the appeal to this Court taken
from the decision Of the Chancellor, setting
aside as fraudulent and void as to creditors
two deeds Of land on the Island Of Hawaii,
executed to the defendant, Thos. Spencer, Jr.,
the one by the defendant Thos. Spencer as
attorney for c. y. Spencer and the other by
the government by tie procurement Of said
Ihcs. Spencer. The said deed from C. y.
Spencer bears date Of Dec. 18th, lSI6, and is
Of 2520 acres Of land il the district Of Hilo,
known as the Ahupuaa Of Waipunahei The
Chancellor finds that the said Tn0s. Spencer
was then ius0lvent, and the real owner Of the
land conveyed: and that the deed was void as
to creditors Of Thos. Spencer Upon this
question and also as to the validity Of the said
deed from the government to Ihos. Spencer,
Jr., new evidence vas offered and secured
before U.s. and We now come to examine the
case upon all the evidence presented.
Upon the evidence before the Chancellor VIC
think his finding that on Dec. l2ih, 1916, the
defendant, ThOs. Spencer, was insolveut; and
that the deed then made TO his son, said Thos.
Spencer, Jr., was void as 10 creditors Of Thos.
Spencer, was just; and upon duly considering
tie new evidence upon those points, we DO
not think that finding should be reversed.
By the sworn aulver Of the defendant,
Thgs. Spencer, in the case relating TO the said
conveyance by the government to the defend
ant, ThOs- Spencer, Jr., the said Thos. Spencer
ayers that IN Sept, lsT7, when said govern
msut deed was made, and long before that. he
vas insolvent. This Is strong evidence against
him II terms Il does not include Dec l2lh,
lsI5, but It would ordinarily be construed to
DO 50.
Il IS couclusively shown that Thomas speu-
Ger was insolvent IN ls7i, and from thence to
Nay 3lst, 1873. Upon that day an unsecured
debt Of sj5,000 against him was assigned 10
John :. McGrew for Il 600 This was kept
On foot by John :. MeGrev, but it is now
stated By the WITNESSES Green and Walker.
before rs, that they understood McGrew in
the purchase vas friendly 70 Spencer and
held Il substantially for his benefit at the
pr.ce lie paid CT a. least at less than It's face.
Thereafter and On the I'D of Dec, 1876. and
after the date Of tie deed nov IN question.
Aessrs. Green AID MacfaTiane. before assum-
ing the agency Of the plantation Of Thomas
Spencer, required of Or. McGrew az agree
ment 70 which Spencer was nominal party,
but which he did not execute, BY which
McGrew agreed with them in consideration,
IN substance ct their assuming such agency,
and advancing money, 10 carry On said plaBla-
uoa that be, NcGEew would postpone TO any
claims they might thereby have, against said
Thomas Spencer, until Nay ist, 1850, III Of
his large Indebtedness against Tics Spencer.
except the sun Of s25,750. By this agree
ment MessHs. Green and Nlcfarlane stood
better than Thomas Spencer, and better than