The Hawaiian gazette., 1903-08-14
K0NA LAND
PARTITION
Authority Sought
For Public
Sale.

w. A. Wall, commissioner in the Ko-
ma partition suit of NJ. F.. Scott ct al
vs. H. N. Pilipo ct al, has filed a re-
port ana petition to Judge De Bolt. In
accordance with a decree by Judge
Ferry, when on the Circuit Court bench,
ne surveyed and divided the land into
nVe general parcels. The parcel ad-
poining the beach and the parcel ma
kai OF and adjoining the Government
road are, by the terms of the decree,
TO pc partitioned among the members
or the Hui Alma of Holualoa, parties to
the suit, in such manner as to give
them the portions which they have re-
spectively occupied and improved; or
division Of said portions to be made
into fifteen or twenty acre lots and
sold at public auction to the highest
bidder, the proceeds to be divided pro
rata among the shareholders.
He says that such partitioning, as re-
CURED by the decree, will entail an ex-
penditure of about $500. and further
shows that he has already expended of
his own funds, in the surveys, the
sum of s7O929 and is without funds
to prosecute the work further. Where
fore the commissioner asks that he be
forthwith to sell at public auction that
portion of the said land mauka of the
beach lots, or mauka portion above the
looo acre lease as appears on his map,
FOR the purpose of creating a fund out
or which such sums as the Judge shall
deem proper may be allowed for the
continuance and completion of the de-
creed partition or as the court may
think proper.
TRUANT LAWYERS EXCUSE.
The defendant in a suit that went
by default on August has filed
motion for Judge De Bolt to reopen his
decision. He says he has meritorious
foundation for the motion denied on
that occasion and that the absence of
his attorney, c. c. Biting at the time
OF the ruling was due to the fact that
he was on board the tug Fearless,
which was then chartered by the Bar
Association to escort Federal Judge
Estee outside the harbor, and the
steamer Alameda in which the Judge
was making his departure was delayed
in sailing. and Mr.. Biting thinking
that court and counsel would both be
upon the excursion, Inadvertently and
without intention to neglect his bust
ness went along for the purpose of pay
ing his humble tribute to the virtues
of said United States Judge
LAWYER DEFENDANT.
Judge De Bolt heard argument on
demurrer and reserved decision in the
case of Antonio J. Da Estrella VS.. Chas.
M. lie Blond. H. e. Highton for plain
tiff; Mr. Knight, of Holmes & Stanley,
for defendant. This is the suit where
the plaintiff claims $1,000 damages of
the defendant, an attorney at law, for
neglecting his interests while retained !
by him in certain land matters at Hilo.
sUNDRY SUITS.
Lorrin Andrews in person denies ev-
cry allegation in the assumpsit suit of |
Minnie Ferreira.
Motions to quash summons in the |
suits of Emmeluth & Co. and B. S. |
Gregory, severally, against F. H. Red |
ward and f. NJ. Swanzy were denied |
by Judge De Bolt, after argument by |
5. II. Derby for the motion and ]. A.
against. Five days were |
allowed defendants to answer, and F.
NJ. Swanzy weredVimmediately with |
n general denial.
The Metropolitan Meat Co. by its at
torneys, Holmes & Stanley and E. A.
Douthitt, files a general denial to the
damage suit of w. r. Riley.
discontinuance Is filed by Vivas &
Biting for plaintiff of the bill to fore
close mortgage brought by the Portu-
suese Mutual Benefit Society of Hawaii
against Henry G. Refs. 1t is mentioned
that the claim of the plaintiff has been
fully satisfied.