The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-11
ESTATE WRECKERS Dis
BARRED
(Continued from page Sd

GEORGE DAVIS IS CONDEMNED.
Justice Perry is author of the opin-
ion in the matter of George A. Davis.
The law of the case is laid down as
follows:
1t is gross misconduct, meriting dis
barment, for an attorney to impede and
delay a settlement satisfactory to a
| client solely for the purpose of secur-
I ing an extortionate fee from some one,
in a case brought by such client for
| the purpose of protecting an aged
weak-minded relative by placing him
under guardianship, and to abuse the
| process of the courts in order to compel
such weak-minded aged man, who has
dread of litigation. to purchase his
peace by paying a large sum of money
even though it be for the benefit of
client, and to compel such aged man
by means of threats and intimidations
to pay a fee substantially larger than
he was willing to pay.
STATING THE CASE.
The opinion opens with a statement
of the suit of the Oahu Railway &
Land Co. against John K. Sumner and
the Right Rev. Gulstan F. Ropert,
Bishop of Panopolis, trustee named in
deed of trust executed by Summer
on September II, 1898, for specific per-
Torrance. 1t was to enforce an option |
of sale of Honolulu harbor land for
100000 to plaintiff. contained in a lease |
of the property for 80 years from Feb. |
z. 1895. On September 4, 1902. no judi |
cial proceedings having in the mean
time been had in the suit for specific |
performance other than extensions of |
time. ETC., Maria s. Davis sister of
Sumner. filed a petition in the Circuit |
Court for the appointment of a guar
dian of the person and property of
Sumner, alleging that he was of I'M
sound mind and unable to transact
business. etc.
At midnight of the same day a bill in
equity was filed. entitled. John X
Sumner by his next friend, Maria S.
Davis. plaintiff, VS.. Oahu Railway '&
Land Co. corporation, and the Ri. |
Rev. Gulstan F. Ropert. Bishop of
Panopolis, defendants" 1t was prayed |
in this suit that the railway company |
be restrained from purchasing and the |
Bishop from conveying any of the
property of John K. Sumner and that
the lease and trust deed be set aside |
and declared null and void. The sub
stantial ayerments of the bill were that
Sumner was insane when the instru-
nents were executed and that the les
sees knew, that the respondents had
agreed to settle the suit for specific
and were about to convey
The land to the railway company, and /;
hat Sumner was incapable of entering
INTO a contract and was of unsound
mind. as the officers of the railway
knew, and that unless the re-
'pondents were restrained the convey
lnce would be made.
Upon the filing of the bill Maria s. |
Davis was appointed next friend and .
l temporary injunction was issued as |
prayed for. On September 10 Sumner
and on September "a his 7
notion was granted, on proof of his
sanity. and the bill dismissed Com
claimant gave notice of appeal.
The guardianship case thereafter ,
vent to trial, but before the trial was
concluded consent decree dismissing ,
he petition and declaring Sumner COM :
Dos mentis was. on October 49, 1902 at ,
he request of the attorneys. or one Of !
hem, of Maria s. Davis and those of {
Summer. signed. On the same day a =,
Iced conveying to the Oahu Railway
( Land Co. for the sum of $4,000 all
II the land sued for and also the
portion free from the lease
vas executed by Sumner and the
Bishop and Joined in by Maria s. Da-
us. her son r. W. Davis. John :. ii
Ellis, William s. Ellis and Victoria |
Suffandeau, nee Ellis. and the spouses
II the three Ellises and the appeal in |
he injunction suit was withdrawn.
The suit for specific performance was
likewise discontinued on the following
lay. The termination of these various
and the execution of the
Iced were by virtue of n settlement |
cached by all of the parties concerned.
he terms Of which were. in part, that |
he Oahu Railway & Land co. should
pay to Sumner for the property con-