The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-09


the statute and chancery will enforce the paro promise But
If intending convey the land directly c. and
terosed and advised directly c.
to him. promising if would do he b. would the land
in trust for c. cbancey will lend its aid enforce trust up
the ground that obtained the title by imposition
upon a. The distinction but well establish
ed In the has had agency procuring
vyance himself In the other he has had active and fraud
uent In the he has done nothing prevent
conveyance to the intended beneficiary In the other he has by
false promises diverted to himself about
to another.'-Lautry a. Lant,y, 81 III. 464-466.
See also Lqrnon Knight 40 ILL., 232; Dord a. Tucker
Al Conn. 1917, 1885, POS; FschJeck Gross ILL., 2Os pa
Hooker ATford 33 Mich 452, 1885, Barro,c Greenough
Vesey Jr 15i, 154; and Gifo Taylor, 139 Ind 373
Some of the the extent of holding that
where the promise hold for the benefit of another convey
to another made in good faith if the grantee
cnes TO his agreement, equity will grant relief by de-
eang the but need pass upon that
question.
Hattie Brown the niece died after the prior
to the filing of the bill The show who
her heirs are.
In view of the conclusion have reached subject of
the question of predatory
In opinion, Priscilla E. Hassinger, Annie H. Trron
Henrietta f. Ross Smith deceased should
be declared trustees of the property described under
consideration for the of Mary c. Ach Helen King
Norman Brown and Douglas Brown other if any, the
heirs of Harriet n Brown and should be ordered
said property by good and sufficient deed said
The remanded the Circuit Judge of the Circuit
with instructions in the particulars above specified
the DEGREES revving the original if be found that such
DEGREES fact in those respects who
the heirs of Harriet n Brown and decree
corCance with the foregoing views
Kianey Bdilou d McCLndhan and H. A. Bigelo,c for com
plainants
Robertson t Wilder for Henrietta E. Ross
". o. Smith and T. Leuis J Priscilla E. Hassinger
Annie H. Turton.
No appearance of or for ID. X. Brown.
DISSENTING OPINION OF j. ALFRED MAGooN ESQ
am unable in the opinion of the Were
not satisfied that the defendants should prevail in this
difficulty presents itself which be this appeal
the stands.
The original plaintiffs Mary C. Aldrch Helen B. King
Harriet n. Brown Henry Swinon, Charles f. Swnton
Helen NJ Seal and Norman Brown, and Douglas K Brown by
their friend W. c. King.
Henry s. Swinton has practically discamed in his testimony
and a perhaps inmaera him whether party plain
tiff defendant Helen NJ Seal by stipulation made party
defendant but order of the Court signed October 24h 1899
contains the foowng,'said suit shall hereafter be entitled
Mary c. Aldrh, Helen King, Henry s. Swinton Helen NJ.
Seal and Norman Brown by W. c. King, his friend,
Priscilla f. fIassinger NJ Tuon and Henrietta f. Ross
and Douglas X Brown 1t will be observed that Mrs Seal is
still improperly Joined party plaintiff and that Charles T. 5
and Hattie X Brown by the order left
of the entirely with nothing the record to show the
therefor The of Charles f. S. Swinon directly OPP
posed those of Mary c. Adrich Helen b. King, Norman
Brown and Harriet n Brown and he should not be party plain
tiff he has and has had ndpen
dent counsel herein and has personally made appearance
the While necessary that party plaintiff hav
ing adverse the other plaintiffs should in equity be
defend Il Pom Eq Jur 9S) is essential that the record
show that he represented he be made party plaintiff but
attorney represent conflicting interests in a
An attorney accept employment from adverse itgan
at the same time the controversy though his
ons and motives honest The rule rigid and design
alone the dishonest practitioner from fraud
ulent conduct WELL preclude the honest practitioner
putting himself position where he be required to
choose between conflicting duties be led attempt to
conc conflicting rather than enforce their full
the rights and interests which he should alone represent
Strong International BuldHg Loan d Investment Union,
50 I'LL ADD 426 Weeks Attorneys 54S, Is Ency
Pd IL Pr ssh 1t is familiar rule of equity that all persons
the of the suit. be made