The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-05
RAIL WAY
WANTS LAND
Seeks to Enforce
Option From
Sumner.
BISHOP GULsTAN
ALSO A PARTY
Oahu Railway Wants to Buy Land
in harbor and lWilei for
500. 600.


K. Sumner are made the defendants
in a suit filed yesterday by the Oahu
Railway and Land Company for spe-
cific performance. The action involves
the conveyance of valuable property
lin and about Honolulu harbor, includ-
ling the land which is located near the
iOahu railway station, plaintiff claim
ing that Sumner and Bishop Gulstan
refuse to allow the exercise of an OPP
ton given to B. F. Dillingham; and
Mark P. Robinson for 500, 900 for the
| purchase of the property. Sumner is
now in Tahiti and the bishop is acting
as trustee.
In the petition it is alleged that on
February 18th, 1895. the defendant,
er in fee simple of the tract of land
called .'Kahaohao,' and also of the reef
partly covered by water and known as
"Kahololoa." did lease all of said
premises, excepting and reserving for
the term of % years, the house occu-
pied by him in Honolulu harbor and
known as the Summer House. and the
land surrounding said house to the ex-
tent of 125x400 feet, to B. F. Dilling-
ham and Mark p, Robinson for the
term of 80 years at the rate of $500 per
annum AS a part of this consideration
for the acceptance of the lease Sumner
agreed that the said B. F. Dillingham;
and NJ. P. Robinson might during the
term of said lease have the option to
purchase all of said demised premises
including the reserved portions subject
to the 25 year lease, for the sum of
$4,000 and the said John K Sumner
agreed to execute good and sufficient
conveyance at any time during the
term of said lease upon the tender of
said sum.
Upon the oath day of June, 1899, ac-
cording to the petition, the said Ben
Jamfn F. Dillingham; and NJ. P. Robin
son assigned the lease and option to
purchase to the Oahu Railway and
Land Company. Thereafter by an in
denture in writing dated September Il,
1898, the said defendant John K. sum
ned conveyed to the defendant, the
Reverend Gulstan F. Ropert, Bishop of
Panopolis, all of the lands and prop
erty in the Territory belonging to John
K. Sumner including the property de-
scribed in said lease and agreement, in
trust to collect all rents and profits
therefrom and to pay all taxes and
ether expenses, the balance to be paid
to Summer. The plaintiff alleges that
the said Bishop of Panopois now holds
the legal title to the premises described
in the lease and agreement. The pc
tition further alleges that the Pishop
OF Fanopolis at the time of the exeeu-
ton of said deed of trust had full
knowledge OF the rights of plaintiff. |
and that now the Bishop of Panopolis |
has full power and authority to act for |
Sumner.
on the 26th day of July, 1902. it is |
further set out. the Oahu Railway and |
Land Company rendered to the Bishop |
Of Panopolis the sum of one hundred /
thousand dollars in gold coin of the
United States. being the full amount |
IF the agreed upon price of the prem /
ises described, also a deed to the prop
erty, but the said Bishop of Panopolls ,
refused to execute the deed or cause
TO be executed the deed by John X.
Sumner Or accept the amount rendered
to him.
1t is alleged that complainant is will
ing to perform the agreements on its
part in regard to the purchase of the
premises. and that "all of the said
Of and doings of the said de-
'endants as aforesaid are contrary to
equity and good conscience and tend
o the manifest wrong and injury OF
your orator
the complainant asks that the de-
endants be compelled by decree of
curt to deliver a deed to the premises
n controversy to the plaintiff upon
payment of the agreed upon price. The
plaintiff valves an answer under oath.
OCEANIC IS SUED.
wo Sing & Co. have entered suit
gainst the Oceanic Steamship Com
any for s47l5O. said to be the value
f d box of goods plaintiff failed To de-
ver 1t is alleged in the complaint
hat on October II. 1901. plaintiff de-
vered to defendant 40 boxes of goods
hitch were taken on board the Ala :
leda. and though a reasonable time
as elapsed but 139 boxes have been
elivered to plaintiffs. L is alleged
nat the box contained blankets. bear
ALL blue velvet. sea lion beard and
aper of the total value OF s471.5o Judg-i
tent for this amount is asked. E