The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-06-21
SALE OF LANAI
IS ORDERED
END OF SIX YEARS OF FORE.
CLOSURES IN w. NJ. GIBSON
ESTATE.
JUDGE GEARS DECREE is FOR
$4,000.
A Fat Job as Commissioner for Scme
One-Note Made by Pain and Neu-
mann.

Judge Gear yesterday heard and de-
cided the case of Gustave Kuhnst VS..
w. II. Pain and Elise V. S. Neumann
sole devisee and executriX under the
will of the late Paul Neumann. The
judge signed a decision ordering the
sale of the old Gibson estate property,
which has been involved in various
foreclosure proceedings ever since 1896
for the payment of debts aggregating
$4,000.
The property involved is the estate of
the late Walter Murray Gibson. The
original decree of foreclosure was issued
by the circuit court in May, 1896,
against the Gibson estate, the estate of
J. s. Walker and the Hayselden estate.
The property includes most of the ISL
and of Lanai, some herds of cattle,
and land in Lahaina and Honolulu. In
cidentally there is a very fat job as
commissioner for some person to be
selected by Gear. The judges decision
concludes as follows:
The original decree should be amend
ed by ordering a sale of only the two
thirds interest of defendants Pain and
Neumanh in the mOrtgaged premises
heretofore decreed to be sold, together
with the increase of live stock, etc,
and out of the sale, or the monies aris-
ing therefrom after deducting there
ments and expenses. the proceeds be
applied first to the payment Of the $70,-
600 and interest due plaintiff; secondly
the payment of $4,000 and interest due
Bishop and Company, and thirdly to the
payment of $4,000 and interest due Mr.
Holmes, trustee for Mrs. Elise V. :.
Neumann. Balance, if any, to be paiQ
into court to await further order OF
court. A commissioner will be appoint
nH a n,
conformity with this decision will be
signed upon presentation.
Gear. j."
The decree out of which the suit now
decided came was issued in a suit Of
Bishop and Company against Cecil
/ Brown administrator of the Walter
Murry Gibson estate, the j. S. Wal
ker estate, the Hayseldens, and H.
e. Mcintyre. Judgment of foreclosure
was entered for $4,000 in behalf of
Bishop and company, and Brown as ad-
ministratOr was adjudged to be indebt-
ed to Mcintyre as executor of the
Walker estate in the sum of ,SS4 and
SO, $50 personally. There were other
debts, on account of all of which the
court ordered the sale of all the prop
| erty of the Gibson estate, by p. c.
| Jones, receiver.
The property included five tracts of
land on the island of Lanai, aggregat-
| ing 11532 acres, and five other tracts,
areas not given, including practically
all of that island, 10000 head of sheep,
| several hundred head of cattle and all
the other property on the sheep and
| cattle ranges. There We're also four
! pices of land in Lahaina, a homestead
on King street, Honolulu and two lots
on Queen street. On May 26, 1896. the
decree was amended by including in it's
| provisions seven more tracts of land
| and various other properties.
| The foreclosure sale was never con-
summated, a compromise being allow
ed by the court in August, 1896. BY the
| terms of this compromise Fred Haysel-
den was made permanent guardian of
the Hayselden minors, and w G.. Irwin
and company bought out Bishop and
company. Irwin transferred the judg-
ment to Claus Spreckels' bank and
| GustaVe Kuhnst acquired the property
from that bank.
In August, 1900, Paul Neumann and
w. H. Pain acquired two thirds inter-
est in the estate property from Kuhnst
| and they gave their note for $50, 600 Sc.
cured by the decree of foreclosure. The
time for payment was extended to Au.
gust last year, but the money was moi
paid, and Kuhnst therefore began d
foreclosure suit, which has now result
ed in new order of sale for the prop,
| erty involved.
In answer to the suit w. II. Pain ad
mitted all the facts and consented to
decree as prayed for, making no de
fense. Mrs. Neumann demurred on tn,
ground that as administrative she haC
published the usual notice to creditors
and there had been no response from
the plaintiffs, who were therefore de
barred, it was claimed. This was over
ruled, and the court, after a brief hear
ing, again ordered a sale of the bil
estate. The decree will name the com
missioner who Is to carry out the orde
of the court There is much specula
ton as to who will get the job.
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