The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-06

/ in the court below.
| DENIES RIGHT To SUE.
The Waikiki Land and Loan Associ-
| alton. one OF the defendants in the suit
| Of Sun Kwong Mau Co. against the
/ Rapid Transit Co. ct al, filed its an
swer to the plaintiffs complaint. De-
i PENDANT admits that on December 81
/ 1855 one l.. McCully was the owner and
seized in fee and possessed OF a certain
\ tract OF land containing 1870 acres. Al
/ Waikiki. and on the date mentioned
/ McCully let said tract to Min Fong Wa
Co. for the term OF 30 years. The de-
| PENDANT. however. says IL has no knowl-
| edge that the Min Fong Wal Co. was
co-partnership formed created and
4 organized pursuant to the laws OF the
| Territory and denies the truth of other
matters mentioned in the complaint
wherein IL is alleged that included in
1 the 1870 acres was the tract OF Is
acres mentioned in the complaint as be-
/ ing possessed by the plaintiff.
The defendant sets forth that IL is
the owner In fee simple of all OF the
premises described. free and clear of
all sub-leases and other membranes.
under and by virtue Of and through
a conveyance from Ellen McCully Hig-
gins and ]. III. Higgins. her husband.
dated February IL. 1900. to Geo. II.
Paris. Mrs. Higgins at that time being
the owner of the tract in fee simple.
by Paris to the Waikiki Land e. Loan
Association, by deed, dated July Is.
1900. and therefore the Waikiki Land &
Loan Association has succeeded to the
title OF said Min Fong Wal Co. The
defendant alleges that the plaintiffs
have no right. title or interest in or
to any portion OF the land named or
described in the amended bill OF COM
plaint- The defendant further alleges
that the persons filing said amended
bill of complaint are not the persons
entitled to bring suit.
Relying upon title to the premises,
the defendant made a contract with one
James S. Mckee. one of the defendants.
to construct a road across the tract,
and Mckee entered upon a portion OF
the premises and constructed the
foundation therefor. The defendant
prays that the amended bill be dismiss
ed and that the temporary injunction
be dissolved.
James Mckee. in his answer. sets
forth practically what is alleged in the
answer Of the Waikiki Land & Loan
Association.
PLAINTIFF GUILTY OF LACHES.
Albert Horner. defendant in an action
bill To foreclose mortgage. was VIC
torious In the suit. Judge Robinson yes
terday deciding the case in his favor.
The judge ordered that judgment be
Qelenu1nl ana tnal
tiff take nothing by the action. but that
defendant Horner have and recover
judgment against the plaintiff for his
costs. In this case the plaintiff offered
evidence tending 10 prove his case and
In the absence OF any defense. the evil
dence offered was in all respects suffi-
cient to prove all OF the material ale
cations OF his bill. Judge Robinson ar
firms that there was no testimony adj
duced in the presentation OF the plain
TINS case tending TO establish the the
DRY advanced by the defendant. Hor-
Ter. In his amendment To his answer.
that the plaintiff was estopped from
foreciosing the lien OF his mortgage or
that he had waived the lien of the
mortgage as TO the defendant. Horner,
because OF his connection as agent or
broker for the TnOrtgagor in the sale OF
the mortgaged premises to defendant.
Horuer. The only questions To deter
mine were whether the plaintiff had
been guilty OF laches. in falling to en-
force his lien for n period OF over four
teen years. and whether or not plain
tim's right OF action Is barred by the
statute OF limitations. In his opinion.
Judge Robinson said that both ques-
tions presented should be answered in
:he affirmative.
COURT NOTES.
&. W. Ashford appeared on record
yesterday as an attorney. after several
years absence. as counsel for defend
ants In the case OF +. wundenberg.
trustee. vs.. George Markham and C. II.
Cummings. now pending in the Circuit
Court Defendant. George Markham.
demurs To the plaintiffs declaration in
which he alleges he Is entitled TO the
peaceful possession OF premises at Ka-
lthi. set forth In n deed OF trust. De-
PENDANT states IL does not appear by
whom or by virtue OF what authority
the plaintiff was appointed as such
trustee.
a discontinuance has been filed in
the case OF l. l. McCandless VS.. Sam
uel Andrews.
Appeal has been filed by defendants
from judgment or the District Magis-
irafe OF Honolulu In the cases OF the
Territory vs.. Yake (Japanese) and Ter /
ritory vs.. Wing Sing.
George Lucas. clerk OF the Court. has !
attached an affidavit to the bill for in |
junction in the case OF John Kidwell !
-. Frank Godfrey. stating that the
cause was remanded to the Circuit I
Court by order filed April l. 1902. and 4
hat defendant has filed no answer or
other paper In the case. The plaintiff
moves the court to enter a decree pro
-onfesso.
Judge Robinson yesterday filed an
'rder in the case Of j. 4. Magoon Va.
hin kee Gnau. appointing a receiver.
The action was begun by plaintiff TO
,ancci a lease because he left out the
phrase per month";" after the amount
Itipulated for rental. G. F. Reynolds
vas appointed receiver. his bond being
placed at $500.
DR.. Albert J.. Nichols was declared n
In Judge Estee's court yes
erday morning. Attorney W. :. Flem-
ng was appointed referee in the action.
)r. Nichols appeared in court and
mace oath 10 the petition filed by him.
me liabilities were In the neighborhoOd
4 $50 900. Judge Estee did not let the
pass TO state that in fu-
ure he would give rigid scrutiny TO
ases Of bankruptcy. Two cases had
ONE before him the previous month OF
-. -.