The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-01

The Supreme Court yesterday morn
INK hand d down unanimous opinion
In the case Ct Henry Smith. trustee,
sgainst the Hamakua Mil Company.
The opinion is written by Chief JUS
uce Frear. sustaining the exceptions
u the defendant. setting aside the yer
dict and ordering a new trial
This vas an eicctment suit for an
undivided one-fourth OF the Ahupuaa
n Kohalalele Hamskua, containing
$3.50 acres. The case vent before a
Jun after a decision 10 probate had
been reversed. Most Of the evidence
* the defendant vas stricken out on
Iax noirts and a verdict was directed
Cor the plaintiff
The Supreme Court does not answer
.syerzl questions raised by the eE
segtions. The conclusions appearing
above are based on the following
Under Civil Laws. Section 21lS.
which provides that kindred Of the
bali blood shall inherit equally with
those Of the whole blood in the same
degree. but shall be excluded when
not of the bleed OF the ancestor from
ghou the inheritance came TO the in
testate by descent, devise or gift.
cousins o. Az intestate on his mothers
side inherit in preference 10 his half
brother on his fathers side where the
estate came 20 him by descent from
his halfsister on his mothers side.
Evidence OF custer or adverse pos
session must be much clearer as be-
tween Co-tenauts than as between
strangers in title. The circumstances
rust be such as 10 bring home 10 the
austed cotenant the adverse charac-
ter Of the possession or such as would
bring il home 10 him II he paid proper
attention 20 his rights. Notice or
knowledge OF the adverse possession
NAV be implied or constructive as well
as actual.
But this rule as 10 adverse posses
sion as between co-tenants does not
apply where the posse sion of the one
totenant is not 81 its inception in
recognition OF or subserviency 10 the
others title; as, whore the co-tenant
in possession claims sole ownership
and is not aware OF the existence or
claim OF title in the other cc-tenant.
One in possession claiming title
but having no tite may purchase the
outstanding title OF one of two CO
tenants and continue to hold without
thereby acknowledging the similar
title in the other co tenant or holding
In subserviency 10 that title"
LYLE a. Dickcv and Andrews. Peter.
{ Audrade for plaintiff: Cecil Brown
and r. W Hankev for defendant
To Circuit Court Of Appeals.
Petition for writ of error and super
Sedeas has been filed in the clerks
Office OF the United States District
Court bv Kinney. Ballou Il McClana-
han in the case of the United States
against the Rishop Estate. Pearl Har-
Dor land condemnation proceedings.
The petition saws: The defendants
in the above entitled cause. feeling
themselves aggrieved bv the verdict
81 the jury and the judgment entered
on the gard dav Of December 1901.
come bv Kinney. Ballou & McClana.
Ian. their attorneys. and petition said
court for an order allowing said de-
PENDANTS 20 present writ OF error 10
The Honorable. the United States Cir
cult Court OF Appeals for the Ninth
Circuit under and according TO the
laws OF the United States. and that
behalf made and provided. and also
that an order De made fixing the
amount OF securit~ which the defend
ant shall give and furnish upon said
writ OF error
eour, Notes.
The orpheum Company, Limited :
has taken an appeal from District
Judge Dickev's refusal 20 reopen de
fault in II +. Wichman's suit against
ID for SEE and costs.
return 81 execution in the case OF
r. Hackfeld 4 Company. Limited.
against X. Ito has been made by Dep
NV Sheriff +. Wittrock OF Hama. Maui.
The amount OF Judgment was SS.455.0l.
Defendants property was levied on.
advertised and sod. bringing $Sse15.
from which expenses 10 the amount OF
s65 IS were taken. The net amount
realized is ss6S.70
One Of the Jurors in the Honolulu
Plantation Pearl Harbor case. l.. F.
Prescott was too ~ 20 appear in the
United States District Court yester-
dav morning and he case went over
nntil Monday nsNt. The case may be
DELAYED some time.