The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13
DECEMBER TERM, 1900.
= 7 FIsHEL =. GEO. A. TURNER.

,r,r FROM CIRCUIT JUDGE, FIRST CIRCUIT.
nrED DECEMBER ~ lsoo- decided MAY o lsol.
n GALBRA1rH j., AND II. A. BIeELow, ESQ, OF THE
PAR N PLACE OF PERRY, j., DISQUALIFIED
,5ee of one Circuit enforce specific performance
t 70 convey land situated in another Circuit.
ndnm or note required by frauds to be in
IN, NAV be in the of receipts letters
, is admissible to locate the land referred to in the
m memorandum Of the contract
m terms Of within the statute of frauds
several writings all of which are signed by the party to
sred such writings refer to other.
silent they refer to the transaction shown by
l evidence condolences through inspection and
[aan
evidence shows complete proved
are in writing signed by the party be charged it
h presumed that other found in the
Hns
m convey may enforced though the form of the deed
specifically agreed and though the wife of the vendor is
.upd to release her inchoate right of dover
(Galbrath j. dissenting.)
sa suit in equity for specific performance of agree
pyev certain lands situated at Olaa in the island of
fendant first moved dismiss the the ground
subject matter of the suit without the jurisdiction
at Judge of the First Circuit, because the land IN
was situated in the Fourth Circuit. This motion
overruled Under our statutes Circuit Judge of
may entertain Jurisdiction of suit of this nature
The land in question is situated In another Circuit and
service made as the case here, upon the defend
such other Circuit. Malaai o. AlGpai, 13 Haw. 1913.
ef the statute Circuit Judge of one Circuit would
rdeion in a case of this kind if service was made in
nlt though the land were situated in another Circuit,
would have merely to enforce performance against
nsd would be required to act upon the land at all
aindant next demurred on several grounds. The de
vas submitted without argument and overruled.
for sustaining it has been called to our attention.
the defendant answered. setting up his only defense
a Of Frauds and the vital question in the case is
there was sufficient memorandum note of the
zm writing signed by the party to be charged. The
Judge after hearing on the evidence ordered specific
me
nhf proved that in the early part of November, 1897
Hawaii, the plaintiff agreed to purchase of the defend
defendant to sell to the plaintiff, for 81 900 plus 30
lots 355, $50 and 357 in the Olaa Coffee Reservation,
gance to be made upon the defendants obtaining
patent Of the land from the government The defend
not then applied for the land but he had at that time
afe or more accurately 5000 acres he was entitled
aW to apply for 140 additional, accurately
NE area of the lots in question The parties seem to
M these tracts in round numbers the 90 and 14O
respectively. The defendant afterwards applied for
M IN due time obtained patent therefor The plain
payments from time to time on account of the pur-
' requested by the defendant until he had paid
nd finally, when the defendant had obtained the
'aed INN the balance and asked for the deed. This
@l' refused to give because the plaintiff would not
guarantee a certain debt owing by the defendants
uh creditors IN San Francisco matter wholly dis
nom the land transaction.
Slsn' as above set forth proved by undisputed
.He defendant introduced no evidence. He relied
NC assumed inability of the plaintiff to show COM
VIC statute of frauds. Under our statute the con-
w not be set forth in the writing There being no
ue contract contained any other terms than those