The Hawaiian gazette., 1885-09-30
1laWaiian Qbazette.
Sav-~zas Gear, ~ the Hawaiian isl.ads--
In Eraity. In Esncs- JHly Term lssS-

- lsale-J- r.rlz. r-.f E.-sssEy oas
ra.. - Hs.FraL

TITS az aupeal by the plaintiff irCn
5,-5,iru uf thc Nicc Ohsnceli0r dismiss
ta- tta riairuF> bah claiming spScihc
-----,. % gE a--1grrg-t For She sale
ae .1u5 i1 --r district gs Mllllu1, ISLAND
y Oahu
Ttr E-u-a-lt IS LlgsvJ 90 have
r.,- sHta-et INTO IN the month ~ Noveu-
tr- ISL. tut frcl thc evidence % Men
l1ea g lppg1rs 10 hgye begu uE3e N
q l-r--. q shat yoar
The Ntce C1Sucvllg- dismissed the hull
r- l-r cru--L principally, ~ -achto on
DE FJrt % the plaintiff m lroSecuunS his
c.TI1l
81 tae he1-5-- t,cfl-e Us, an ahjavit
Er Mr. " x Castle was fled explaining
ana c1utr1li-tlr- his testimony gIygn on
.ee c-i-1-ll beJrIuc. on winch occasion
B. GH--e5 having received any money
1uu ,1e plaintiff or account q the pur-
-a1-e. money fJr the Lni IN question.
ana >lii that be had 10 recollection q
sylvia COMING 20 hi csicg abCGt the land
BY the aesi1vit. the witness states that
ina. "a exauluEt1cc u b, books be hndS
inst tie plaintiff lu tie third o. February
iSSz Ulia % the GepCreut $40 70 pay
-czsh down CA The purchase Of sand land
and that 5erCEeZ, then agreed u advance
the rc1-alzisr uece>sN-y 10 complete the
r-.-cLzse u-ice and that a. 3 time sub
-zrUgzt g sud third day Of February
l>S2 and pril- 70 the commencement Of the
at. I1 TIE v5l- 1872 Or 1888 said sylvia
came 70 the O4ce q depuneut and depcn-
s1t then requested HIM 70 execute a deed
o. -lsl Andrews % the Promises In Jues
tl12 and offered % pay him the purchase
r-co thereof and that said SYLVIA replied
chs. D. would Do So. but that he was coming
o. town ia q few weeks with his wife and
then they would sttsnd 70 t.
The defendant denies these statements.
But taking the statements 70 be correct.
Do they uzzke the case any better f1r the
u-l--rIff Was anything subsequently
done ty lie plaintiff before the defendant
E-sie the improvements % the land. show
I-- az intention by the plaintiE to ex,
gre-e his right Of purchased
On boxing az the agreement we End II
,.lted she land IN question contains
ninety i've acres more or less without fur
tEsr ta-crlpgl1- except that Ii Is situated
81 hAEaIlauSl IA district u5 WaiaIua, and
the price i've dollars per acre-
Tlls lzresusnt Vas acknowledged by
Me1i-lca before Mr. Castle on the 18th
day e June lSS2 and It appears 10 the
Court tia. these words were then added
--ari Known q, sLe Rice land sold by Rice
tg GCLck" Uudernearh i written seem
-ug.y as a ueu1randum of instructions
Think, there are two pieces.
In q conveyance from GUlick 20 Men
al-ca which j. put IN evidence there L i
reference % q piece Of land containing -
acres sad % have been patented 10 " H
Elcg by Grant 45S. also 70 another piece
containing - acres p1rt Of land described
N Grant 555 O. NahQd, part Of the land
49, lcrs- having been sold 70 other per
sons
Nov il does not appear that any steps
were taken % ascertain the boundaries or
acrsace e the land nor to agree or ascer-
tam the amount Of the purchase money
The matter vas allowed % remain and
the statement Of Mr. Castle to sylvia could
only amount % this Andrews has in
s-ruc-ed ne % prepare a deed for him
VII you STEu It when rgady27 and no
tang further was done, in fact it would
appear % have been forgotten altogether
by the plaintiff then attorney.
Upon a Consideration Of the whole case
we are Of the opinion that the decision Of
the Wee Ckzncellr was correct and &C
cCulr-iy
Tie decision appealed from Is affirmed
with Gusts
A decree VII be signed on presentation
/ A IEurstUu f1r plaintiff; A ) Hart
vel s5r defendant. sylvia.
Honolulu September 10 1855.