Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-03-31
VV0d7d aIaFa7 Y Ut y ~ A7' q ~ n ~ a NJ
Busy Week With the !
Sup. en1e and Circuit Court

Monday March 90.

s. Desky for the cancellation Of deed.
A summary Of his allegations and de-
mails is here given. At the time of
execution Of deed of trust by Joseph
Booth the grantor was not possessed
of the principal part Of the land which
is the subject of complaint, an area Of
POS 3-i0 acres, but had only life Cs-
tate IN II. Whatever interest the plain.
GiH may have acquired in that land.
by the deed of trust or otherwise, had,
Bong prior TO the date of the deed from
planrT to this defendant. been lost to
her through the statute OF limitations,
by reason Of the adverse holding of
Annie Booth, afterward Annie Long
abe mother Of plaintiff and of this de-
PENDANT. As to all the Pauoa property
mentioned in the trust decd, the plain
tiff had no interest therein except the
right of residence and maintenance on
the premises, which right was lost by
plaintiff upon her becoming fOrisfami
Hated and through adverse holding.
Plaintiff was not ignorant of the
value of the interest she conveyed to
defendant, but had Independent advice
tnereupon. Defendant admits he Is
brother of plaintiff, but denies that he
in question not possessed by plaintiff
or easily Obtainable by her. The land
subject to the agreement with Chas.
S. Desky was, at the time of the eXecu-
zion Of the deed, pasture land of in
forior quality and had but little ac-
1ual value. Defendant was advised
that the interest of plaintiff in the
land was without value except for the
purpose Of saving litigation and quiet
ing title. lie had heard that plaintiff
said she would take $4,000 for her in
terost. and he rendered that amount
with a guitclaim deed for her to exc
cute in San Francisco. The deed was
executed September Is, 1898. Negotia-
lions with defendant DCsky did NOT be-
gin Ia August, 1898, but in February,
1879 Piuintin had not for many years
ruposrd great confidence and trust in
this defendant. lie had not commune
Gated with plaintiff by letter since 1895.
All the charges Of fraud, ETC., are de-
MED.
Neither at the time OF receiving the
deed from plaintiff nor for many
months thereafter did this defendant
have in prospect the sale Of any con-
siderable portion Of the property. The
agreement with Desky for the sale Of
the property now known as Pacific
Heights" does not represent all of the
consideration given by Booth in re-
turn for the 100000. Almost the en-
tire value of the property as expressed
therein WIS caused by Booths owner
ship Of PuuanaOio spring, without
which il would have been impractical
BILE to supply the land with water and
thus make It available for residence
sites. and even in connection with
she water the land could be lIGd1 Ui
valve Cu,y by the expenditure II 4
large sum Of money, and Chas. s. Des-
ky has I'm fact spent large sun OF
money, the exact amount being UNI
known TO this defendant, in rendering
1he land accessible.
Nellie Bailey, one Of the bencdciar-
les. has consented to the substitution
Of Philip l.. Weaver for G. w. Lincoln
Ia the trustee ship for MGleana, wife Of
G. w Lincoln, and others.
Kinney, Ballou & Mechanism have
fled a demurrer Of defendants to the
bill for partition of Rita c. Tuwks
bury VS.. Antoine G.. Cunha and Others
on the ground that sufficient cause Of
action Is not shown.
Tuesday, March ~.
An inventory Of the estate OF the
late n n. Wilcox of Lihue, Kauai, has
been fled by Geo. n. Wilcox, admin
lstrator. in the Fifth circuit and trans
nitted 10 the clerk Of the Judiciary
NV Judge Hardy. The total valuation
Is s1St .Oy2.Tl. AS much of the prop
,rty consists Of stocks inventoried al
oar value which are at premiums, TN
actual value is probably beyond S2Oo''
900. There is $60,650 in Government,
1onds. s14, 800 six per cents and Si5,71'
ave Der cents. The largest holding o.
atock is 1875 shares |. !. S. n. Co. a
500 par value. Cash on hand Is SSI,
Ol9.7l.
Lo Kan by his attorney, Saml. f
Chiliingworth, has perfected his ap
neal from conviction for vagrancy II
the Circuit Court.
Chung Fook answers the complain
in ejectment CT Lee Tit by general de
NAL. j. r. De Bolt for defendant.
Defendants notice Of appeal from
the District Court, in Victorino Vascon
,elos VS.. James Dodd, dated July Il
1899. has only today been filed. Plain
tiff claimed SIS for building a ston
wall, and Judgment was given for dc
Tenant with costs.
Judge Perry has filed written dec
sion overruling the demurrer OF defei
dant in the bill for injunction OF Win
Chong Wal Co. VS.. Margaret V. Ca
ter. Cecil Brown and Kinney, Bale
a McClanahcn for complainant; A.
Humphreys and l.. Andrews for r
spondent.
In Arthur G. Mericourt VS.. Norwa
Fire Insurance Co., defendants motto
for q new trial will be heard on FL
day.
Judge Perry has approved accoun
in the guardianship of Jones, AshfO