The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-11
AN OLD CASE REVIVED
SUIT OF PARIS VS.. MACON STILL
IN COURT
Two Decisions Filed Yesterday BY the
Supreme Court-Gear Is Reversed
and Sustained.

In the case of Paris VS.. Magoon,
suit for $4,000 damages for breach of
contract, Judge Robinson Yesterday
oVerruled the plea in bar made by Ma
coon. Some of the matters involved
have been tried twice in the First Cir
cult Court on actions for specific per-
Torrance. Robinson holds that the
former adjudication did not cover the
claim for damages, and the case will
he tried again. Magoon is sued IS ad-
ministrator of the estate of A. Fernan-
DEE, on account Of failure to deliver to
j. d. Paris certain ranch leases alleg-
ed to have been contracted for
Judge Humphreys yesterday direct
ed a verdict for the defendant in the
case Of Puuki VS.. Lot *. c. Lane. Pu-
uki sued for $500 damages for failure
TO provide him with sustenarce, claim
ing that he had decided property pur-
chased from him by Lgne with the I'M
derstanding that he was to have such
support. Humphreys held that Puuki
had decided the land and that there
was nothing in the evidence to show
that he was entitled to anything from
Lane.
Thomas Fitch yesterday filed a pc
tition for a refund of the money adj
vanced by him to Kalua Kapukini a
SItlltl IL l. 1 he lDldl tnluulll dohthl
for is $436.50 being sums advanced for
subsistence and necessary expenses
between September 20, 1901, and May 3,
1902, when she was out Of MagoOn'5
hands.
Frank c. FaXscn, j. S. Fox and NJ.
L. SimortOr have been appointed APP
praisers Of the estate of George 5.
Houghtailing.
Frank Godfrey, as trustee for Thorn
as Metcalf, yesterday filed suit in the
Circuit Court against Emma NJ. Ma
kuina, 20 secure possession of 4 S5-lOJ
acres Of land and 1000 damages. Met
calf claims the land under the will of
Theophilus Metcalf, deceased, his
grandfather. The Land was devised to
Frank Metcalf who died in 1900, leav-
ing surviving him Thomas Metcalf as
the only living, lawfully begotten child
Of Frank Metcalf Godfrey claims that
on March TO- 19O1 the defendant un-
lawfully entered upon the land and
took possession OF the same. and still
holds it,
The Supreme Court yesterday hand
ed down two decisions on appeals from
the First Circuit Court. In the case of
Adelaide and john Schlief VS.. Henry
Smith and ]. O. Carter, guardians, and
Alexander Lazarus, Gear is reversed
in ordering rents accruing on property
sold in partition, between the dates of
sale and confirmation, to be pail to the
purchasers. The syllabus says: In
a partition suit rent acruing On prop
erty sold between the date of sale and
confirmation, and collected by re-
Ceiver or trustee and paid into court,
the masters report being confirmed
and deeds being delivered to the pur-
chasers without collecting interest on
the balance of the purchase money
held by them pending the conttrma-
ton, belong to the heirs or partition
ers, and not to the purchasers
In the case of Sister Albertina
against the Kapiolani Estate, the Su-
preme Court, in an opinion by Perry
sustains the action of Gear in instruct
ing the jury to bring in q verdict for
the defendants. Sister Albertina, as
trustee for Stella Cockett, sued for Ii
acres of land in HOnuakaha, Honolulu.
Gear instructed the jury to find for
the defendants ON the ground that they
had acquired title by adverse possess
sion.