The Hawaiian gazette., 1900-10-30
.SWINTON HEIRS
WIN THE SUIT

Of the lard by ltF landlord was cstup-
ped fr,m DO ytg the lat e.'s tide
thereto and Likewise that TIE nd IN
question vas really part Of defend
ants land.
There seems to have been CO.'S der
able difference OF opinion az To the real
extent OF the tract and the surveys
seemed to have been all wrong. The
opinion Of the court which Is written
by chief Justice Frear and con urred
IN by Justice Gnlbraith and W. A.
whiting. who sat in place OF Justice
Perry. goes deeply into the testimony.
u is held that TIE claim OF the defend
ant to the land in question IL well
founded from tie evidenc-.
TIE points Of law decided are: PA
rol evidence Is admissible for he pur-
pose of removing lantare amb gut!es
and locating the land described In
patent In constituting a patent ana
locating TIE land. all parts Of the pat
ert must be cons dered and mis- axes
in certain calls may be CORE ted by
reference to OTHER calls and the land
to which they are nprl cable
Kinney. Rallou & Mechanism ap-
peared for plaintiff and L. a. Thurston
for defendant.
ALL ABOUT SCME CATTLE.
4 case involving TIE owner hip of
nine head of cattle and which has been
appealed first from the District Magis-
trate of North Kona. Hawaii and tten
from the Circuit Court of the Third
judicial District was decided yesterday
blythe Supreme Court. the decizion of
the lower court in favor of the plain
tiff being affirmed.
The title of the case is Sarah Vowel
VS.. Manuel Comes and the question in
issue was whether the cattle were Civ
on to Mrs. Vowel by her father or to
Vowel himself, who sold them to the
defendant. The lower court held that
they belonged to Mrs. Vowel and gave
Judgment for her This is affirmed by
the Supreme Court in an opinion writ
ten by Justice Perry and concu~red in
bv Chief Justice Frear and Justice CAL
braith.
Smith and Parsons represented Mrs.
Vowel and J. a. Magoon appeared for
Comes.
KAMALO CASE AGAIN.
Arguments were presented in the Cir
cult Court before JUDGE Humphreys for
the amendment of the bin OF complaint
in the Kamalo Sugar case. The amend
ment desired charges the d fendants.
Frank Hustace. j. J. Egan and Frank
II. Foster, with fraudulently converting
to their own use shares of Kama'o
stock valued at $4,000, Judge Hum
phreys has already declared that the
three defendants, the promoters of the
company. are guilty of convert ng the
N.h iph nj a
er's fees and he has announced that ne
will hold them accountable for this
sum.
Paul Neumann ard w. A. Henshall
appeared for plaintiffs ard a. c. 81
Robertson for the defendants.
j. r. Hollis ESTATE.
The report Of ]. A. Thompson as mas
ter in charcery to examine the ac
counts of Helen A. Holt, admin 'stratr,x
Of the estate of James Il. Holt, was
confirmed by Judge Humphreys and
Mrs. Hollis accounts We're allowed.
The account showed receipts of sell
1871 and expenditures of l,37S25.
The masters report shows that two e.
rors exist in the accounts whereby the
estate owes Mrs. Holt so cents. There
are still outstanding liabilities of SO
1888, including a mortgage for SIS 900,
another of $4,000 on the Holt building
and claims of small amounts. ""
A POINT FOR THE QUEEN.
Judge Humphreys yesterdlv sustain
cd the demurrer of the defendant in c.
y. Wilson vs.. Lniuokalani, to the bin
of complaint. The demurrer was sus-
tanned on the ground that II was not
stated in Wilson's conpa ut that TIE
PROMISES set forth as made by the
Queen had been performed. Five days
were given to amend the bin. A. Lewis
| represer ted the plaintiff and y. G. NJ
Robertson the defendant.
JOHN UNITS ESTATE.
An inventory of the estate of John
I1mI. late Of Waiarae Oahu, fas been
fled in the Circuit Court by c, j. Holt
temporary administrator. 1t shows
personally valued at st095.6).
Mr.. Holt was appoirted guardian of
UmililIi (k) and Kailaa OO by Judge
Humphreys yesterday morning, his
bond being fixed at $500.
WIDEMANN ESTATE.
The report of the master in chancery
to examine the accounts OF the trustees
of the estate of II. A. Wdema-n was
confirmed yesterday bv Judge Hum
phreys and the accounts were APPROX
ed.
JUDGMENT SATISFIED.
i. H. f. VOTERS has satisfied the
Judgment in the suit brought against
him by KcahcmNkat Nato'owaa by