The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-30
SWINTON HEIRS
WIN THE SUIT

g BILE difference OF opliiioii dS ~ liz
extent OF the tract ana the surveys
seemed to have been all wrong. The
onipion of the court which is written
nv Chief Justice Frear and concurreo
In nv Justice Galbraith and W. "A,
whiting. who sat in place of Justice
Perry. goes deeply into the testimony
II is held that the claim of the defend
ant to the land in question Is well
founded from the evidence
The points of law decided are: Pa
roI evidence is admissible for the pur-
pose of removing lantane antiquities
and locating the land described in
patent In constituting a patent anu
locating the land, all parts of the pat
ent must be considered and mistakes
in certain calls may be corrected by
reference to other calls and the land
to which they are applicable.
Kinney. Ballou & McCianahan ap-
peared for plaintiff and L. A Thurston
for defendant.
ALL ABOUT SOME CATTLE.
A case involving the ownership OF
nine head of cattle, and which has been
appealed first from the District Magis-
trate of North Kona, Hawaii, and tfen
from the Circuit Court of the Third
Judicial District was decided yesterday
blythe Supreme Court, the decision of
the lower court in favor of the plain
tiff being affirmed.
The title of the case is Sarah Yowell
VS. Manuel Comes and the question in
issue was whether the cattle were CIV
en- 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 n opinion writ
| ten by Justice Perry and concurred in
by Chief Justice Frear and Justice Gal
braith
| Smith and Parsons represented Mrs
Vowel and j. A. Magoon appeared fol
Comes.
| KAMALO CASE AGAIN.
Arguments were presented in the Cir
cult Court before Judge Humphreys TO
the amendment of the bill of complain
in the Kamalo Sugar case. The amend
Iment desired charges the defendants
Frank Hustace, ]. j. Egan and Franz
H. Foster, with fraudulently convertin
to their own use shares of Kamal
stock valued at S120,000. Judge Hum
phreys has already declared that tn
three defendants, the promoters of tn
company, are guilty of converting tn
$4,000 which they claimed as promo,
er's fees and he has announced that h
will hold them accountable for TIL
sum.
Paul Neumann and w A. Hensha
l 60, lot,
Robertson for the defendants.
j. r. Hollis ESTATE.
The report of ]. a. Thompson as ma:
> ter in chancery to examine the a.
g counts of Helen A. Holt, administrator
: of the estate of James r. Holt, Wa
lconfirmed by Judge Humphreys ar
= Mrs Hollis accounts were allowed.
o The account showed receipts of $21
@ 1871 and expenditures of $21,37S.2
t The masters report shows that two G
irors exist in the accounts whereby II
o estate owes Mrs. Holt so cents. The
t are still outstanding liabilities of IS
: 1888, including a mortgage for $500
e another of SO. 600 on the Holt buildiT
d and claims of small amounts.
d A POINT FOR THE QUEEN.
Judge Humphreys yesterday sustain
e ed the demurrer of the defendant in
i 3. Wilson VS.. Liliuokalani, to the b
T of complaint. The demurrer was 81
= tanned on the ground that it was n
stated in Wilson's complaint that Il
o promises set forth as made by t
: Queen had been performed. Five da
y We're given to amend the bill. A Lew
represented the plaintiff and a. G.
l. | Robertson the defendant
JOHN UNITS ESTATE.
An inventory of the estate of Jol
Uni, late of Waianae Oahu, has be
fled in the Circuit Court by c. j. Ho
temporary administrator 1t sho'
n personally valued at slices. SO.
If Mr.. Holt was appointed guardian
3 Umiliilii (k) and Kailaa (k) by Jud
n Humphreys yesterday morning,
lie bond being fixed at $500.
n WIDEMANN ESTATE.
The report of the master in chance
- to examine the accounts of the truste
of the estate of H. a. Widemann w
confirmed yesterday by Judge HUI
phreys and the accounts We're appro
:. ed.
" JUDGMENT SATISFIED.
s. r. II. F. Wolters has satisfied t
lie judgment in the suit brought again
j. him by Keahemakai Naholowaa
lie paying to s. K. Kane the sum of
BOSS.
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