The Hawaiian gazette., 1903-07-14
COUNTY ACT
ON APPEAL
Attorney General
Takes Formal
Action.
(From Saturdays Daily.)

notwithstanding its two sittings
day for nearly a fortnight in hearing
the disbarment case. the Supreme
Court has found time to file decision
in a case submitted on February 20
| last. This is the ejectment suit of
| John ii Estate, Ltd. VS.. II. kahinu
Mele. in which judgment was render
ed for the defendant on n jury YER
| dict.
An appeal was taken on different
| grounds. the main one being that the
court erred In refusing to direct a YER
| dict for the plaintiff on the ground
that prma facie vase OF adverse pos
session had not been established and
that the verdict is contrary to the law
and evidence The Supreme Court
| unanimously, in an opinion written by
| Justice Perry, affirms the judgment.
]. A. Magoon and j. Lightfoot appear
| ed for plaintiff, Robertson G. Wilder
| for defendant. The law of the case
| is thus stated:
| The evidence in the case held suffi-
| cent to support finding that the pos
| session of certain land by the defend
| ant and her predecessors in interest,
even though permissive at it's incep-
| ton, was, for more than twenty wears
next preceding the commencement of
| the action, hostile and under such cir
| cumstances as to bring home to the
true owner notice of it's adverse char
acter.
Plaintiff claimed under John H. to
whom a royal patent, based upon
Land Commission award, was issued
in 1875. Defendant claimed uno or Ehu,
,l,t ,-,,1tr GiI
award in 1851, and the piece in dispute
adjoins the land covered by that
award. The evidence supported find
ings that Ehu and his successors al
ways treated the disputed portion in
the same MAI ner as the land N --hus
award, that the two portions We're re-
garded as constituting but one piece
and were enclosed within one fence,
that Ehu thought that in securing the
award he had obtained title to the
whole piece. that Ehu and his success
sors had continuously maintained a
fence around the premises which was
originally of rough Hawaiian timber
and later of imported materials, that
the only dwelling on the premises
stood on the disputed portion, that
two successive grass houses were su-
perseded by modern dwelling on the
same spot that the occupation of the
premises was in all respects that of
an owner, that Ehu was not a SER
want of the konohiki, that neither Ehu
nor any of his successors ever paid
rent in money or labor or otherwise,
and that beginning with 1878 the de-
PENDANT and Aer predecessors paid the
taxes on the land. Besides there was
some slight evidence that in 1870 the
owner of the ahupuaa recognized the
defendant or her predecessors as the
owners Of the premises in question.
LANAI RANCH LITIGATION.
Two documents were filed yesterday |
in the equity bill for accounting of
Frederick Harrison Hayselden, admin
istration under the will of Walter Muir
ray Gibson, against William III. Pain |
and Elise V. Neumann, executriX I'M
der the will of Paul Neumann. One |
was an order by Judge Gear giving
Pain fifteen days from date in which
to file an answer, the other the an
swer of Mrs. Neumann.
Mrs, Neumann, among various ad-
missions and denials of allegations.
denies that any of the profits and
benefit from the Lanai ranch convey
ed to Pain and her late husband Were
ever received by Paul Neumann, and
that Pain was acting for himself and
Neumann in operating the ranch, but
alleges that Pain was assuming to act
for and on behalf of all the parties
in interest. She admits that Pain or
Neumann did not render an account
of the ranch business. but alleges it
was impossible for her husband or
herself to do so because the matters
were within the sole knowledge of
Pain, who had never rendered any ac-
count to Paul Neumann or herself.
Finally, Mrs. Neumann denies that
she is indebted to the complainant in
a large amount of money or in any
sum whatever, and a~crs that she Is
ready and willing to have an account
joins in plaintiffs prayer for an ac-
by decree OF court and asks
that she may have her costs.
COUNTY ACT APPEAL.
An appeal las been filed by Attor-
ney General Andrews on behalf OF
plaintiffs from the decision of Judge
Gear dismissing the writ of mandamus
N the suit of Sanford b. Dole and 9TH
ers, composing the Board OF Public In
stitutions under the County Act,
against Henry Il. Cooper. Superinten-
dent of Public Works.
Sophie Ching Duck petitions tn t
she he appointed ADMINISTRATIVE OF the
estate of Ching Duck late the vii
age of Kok Doc, Heong San, China.
The estate consists of n fire claim
award of the value # s152.75
Judge Gear has signed decree dis
! living the bonds OF marriage be-
tween Emily Cameron Williams and
Edward Austin Williams. On the
ground OF neglect and refusal of the
ibelee to provide suitable mainte-
nance for his wife, and requiring the
ibellee to pay costs of court and a
Zee of SIS to libellant's attorney.
SEVJpE ,,.,,o,.. Al |