The Hawaiian gazette., 1885-10-27
4}awaiian Qazette.
TUEsDAY, oCToBER 2 e


sunreme Court of the Hawaiian Islanls---
IN Equity. In Banoo. July Term 1000,
: HyR SILVA. Julian GoSzALyEs, NAkILAU
SuyA. Er1AI1A SILVA, AND EMMA Coz
z,ryrs. CoMrLAISANTs VS.. ANTONIO j.
T,opEz. Cecil BRowN, W. r. CASTLE
N.Yr-EI GoYIERRE, +. \. CUNHA, LUZ
DArpRApE. ANToNE Rosa, hANAKAUILA,
md K.HAEu. DEFENDANTS.
g.,,,. Jnl7. G. j. WeC|ly a"i Preston }. J.
Opiai,a n The court big Preston J.
This Sc q suit brought to set aside a sale
of real and personal property made by the
defendant Lopez, under mortgage from
the plaintiffs
The Bill prays that the sale which was
hold ON the Sth day OF July 1884 be ad-
iudred illegal and void and that no pro
neTfy rights passed thereby, that all deeds
md conyeyances executed in pursuance OF
said sale be cancelled. that the defendants
come TO a lust and true account with com
plaipants in the premises, that the pro
nartv sold be restored to compliments &c
coriinr TO their respective rights or If
sucb return be impossible then that such
nroperty as should not be returned be
COMPENSATED for in cash by defendants or
either Of them. that said mortgage be re
leased and cancelled the compliments OF
fering to pay the mortgages or other
parties in interest what might be found
owing on account Of the mortgage.
The Bill also prayed an injunction and
general relief ~
An Injunction was granted until further
order restraining the defendants from
selling or disposing of the property com
prised in the mortgage.
The defendants Lopez, Brown and Rosa
answered the Bill Defaults were entered
against the other defendants.
On the ninth of October 1881 the late
Mr. Justice Austin rendered his decision
whereby he set aside the sale and directed
the conyeyances Hereunder to be cancel
ed. the animals still remaining unsold by
the purchasers TO be given up to plaintiffs,
those not forthcoming to be accounted for
bv the purchasers on reasonable terms,
proofs relative to the same and values and
also expenses of returning the animals to
be taken before the Clerk. an equitable
decree TO be made on the report
4 computation of the amount due on
the mortgage to the end that the plaintiffs
might pay the same in full.
4 proper decree to be signed ON present
alton.
From this decision the defendant Lopez
appealed and on the 10th Of December, a
decision of the full Court was filed affirm
ing the decision of the Court below.
No decree has been drawn up by the
plaintiffs either on the decision on the
original hearing or on that Of the Appel
late Court,
Nothing further appears to have been
done in the matter until the 18th day OF
January 1885 when adecree, styled an IN
terlOcutoTy decree was signed by Mr.
Justice Austin as follows:
This cause having come on before the
Court for hearing and determination and
the Court having heard and considered
the evidence and arguments OF counsel ad-
duced ON the part and in behalf OF the
said parties complainant and parties de
fendant who answered the Bill of Com
plant herein respectively.
1t Is ordered adjudSed and decreed by
the Court as follows. to wit:
LIST That all deeds OF conveyance Of
real or personal estate made by or on be-
half Of said defendant Antonio j. Lopez
of property conveyed to said defendant by
4 certain deed of mortgage dated August
18th 1888 executed by the said parties
complainant hereto shall be and the same
are ! ereby annulled revoked avoided and
I'd That each and every Of the said
parties delehaant shdIl aI one uPoil, ue-
mahd oil salu parties olnllalhaLt OF thelr
agent or attorney ana the pIouucuoh ny
such GenanGahJ OIL cgrIlIeu copy OF
lhls Uruef yleld up ana uellEer 10 such Ge
mandant the possession oil an ana HihSuIaI
such real ana personal properly Dy sal1
parties defendant respectiFeiy purchased
or acquired at . or 10y virtue OIL q sac held
on the TO VII ON DAY oil July lo9t oil GER
tam OF the properly mentioned IN ana
ny Ihe ueeu Oh mortgage aioIe-
SAID as Is NO" OF was AZ lne uaIe OIL Ine
service oil the summons herelh III OF un.
der tnelr respective possession OF cohlrol'
IL Is apparent tlaG 'ills decree dOes not
iolIoW OF carry OUT t1e previous decisions
ana Is not IN accGraahce tnefewith' NO
bo o aonnf dno On i iba ,9 -nn nor as "
,;oI e., ~; ~ ~ a ro rtO TO dn:
ro'islon Lol lls pay ilslis, nGI any ulIg rec
ya Jr 5 If npo a not rotnrpn5 Tbo do
oIIe "a PiOpeity NJ. ieD' I nv ne Ge
a TI,a ao up S ir' a eIln 70 pg Pia F
any ismon S a;r 0etSaln UluelS Wel" aitGl
IL H., f ~ ~ r. - IL a. 10 ~ '
S'.o ', a. lo S iu'olii9U .He i"iL'i .i
i a; r. S ;-v @ ~, I, " 'ie
ia'.lot nun, oi iva tI or any OF tue parties 10
'ie action non ,i Ills dC.S ol any oIlieI parry
~ pau 1i's ~ ,iie aGSio III Using out VI o5
oeD'.S?e VI tle s..l,t sslie anu lonS ana
,llCe.,J NY LIZ w if I 5iiao ana tch
, eaiUei,ye Ihen peloLe Sne o!eIh as 70 the
GU 81 fe piogIs i 10. Ig i i at te
~ t ~, 9aiS' anu dc " Iue loss 10 tne
,i i"tiI'lL ,Iii.G ~ tue sYo9l'ase q MS Dus
~, ''r1 g ~ eolise uehliai damages
anu Ss 70 'ne ualndges sustained by the
90 UeIehSa ~ Culila anal Ahurade Dythe
e5 o Vi Sie properly purchased by them
IN SIe y'li . In9 100 an orIier was maze
TileieIA sis iSS fa learned Judge awarded
iue P4'iil'5Hs Fio-o DIS Ine Nalue OF the
i ~ :, anu catIIe IoI returned ana also
'ne Iolo"lnS sums
Loss OF profits from dairy bust
ness .................-.. $4,000
Loss OF use OF four oxen. ... 10000
ornament Joss oil dalry pat o..
IOndge ...--- .3DDtm