The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-01
DEcIsIoN AGAINST DEE.

the case of Lawrence H. Dee VS.. w. II.
Smith upon preliminary point. 1t is
against Dee. The action was a bill in
equity to remove a cloud on title.
Plaintiff is the execution purchaser of a
tract of land formerly owned by Frank
Hustace and sold under execution
based on judgment against him in
favor of the Kamalo Sugar Co.
The bill alleges that the defendant
purchased the same property from
Hustace, knowing him to have been in
solvent at the time. and that the deed
was procured by the defendant with
intent to delay, hinder and defraud the
creditors of Hustace, and that therefore
the deed is void.
In his answer, the defendant denies
having intended to deal as alleged with
Hustace's creditors, and AYERS that he
in good faith advanced Hustace $4,000
and took the land and other security
to secure himself. Plaintiff filed ex-
ceptions to the answer, which Judge
Gear now overrules. The court in fact
turns the authorities quoted on behalf
of plaintiff against him.
1t is held to be a misrepresentation of
counsel for, plaintiff that voluntary
conveyances and those based on the
payment of value are subject to the
same rule This finding of law dis
poses of the first contention of plain
tiff, that "a deed fraudulent on the part
of the grantor may be avoided al
though the grantee be a bona fide pur-
chaser and ignorant of the fraud
The contention that defendant was
bound by the consideration expressed
in the conveyance is shown to be any
thing but a fixed rule of law. That the
conveyance in this case was intended
to effect a secret trust for the grantor,
is another contention of plaintiff found
not well taken. Though taking an alb
solute deed as security is "a badge Of
fraud it is merely a badge and not
conclusive evidence of fraud"
Other exceptions are held as not well
taken and not material either.
JUDGMENT ON APPEAL.
Judge Gear rendered Judgment ON de-
PENDANTS appeal from the Honolulu
District Court in the suit of Kwong
Sing. Wo Hop Kee VS.. Ho Hing, Ho Fon
and Ho Chan, in favor of plaintiff
against the first two defendants for
5000 on note together with per cent
interest from Dec. 6, 1902. An excep-
ton was noted to refusal of judgment
against Ho Chan.
PALAWAI PARTNERSHIP.
In the equity suit of w. H. Pain VS..
Paul Muhlendorf and others, the de-
PENDANTS Fred F. Clark and Albert
Barnes by their attorneys, Kinney, Nc
Clanahan & Cooper, have filed a de-
murrer to the complaint There are
IA grounds stated, including a plea to
jurisdiction, denial of liability and an
allegation of misjeinder of parties. A
plea in abatement is entered by the
same attorneys on behalf of defendants
Fred. H. Hayselden, James Cowan, f.
H. Humphris, George Herbert, Clifford
b. Wood, John F. Bowler, Francis R.
Day, w. w. Ahana, Harry Lewis, Fred.
Lewis, Edward Lewis, F. L. Dortch, j.
S. Walker, Edward Arrnitage and j.
H. Schnack. The ground of plea is
that aAsuit brought by w. T. c. Hasson
against these defendants and w. H.
Pain for dissolution of copartnership
and an accounting, which, is now pend
ing, involves all the matters and things
at issue in this suit.
THE NEUMANN ESTATE.
The masters report on the first ac-
count of Elise s. ". Neumann, execu-
trix under the will of Paul Neumann.
deceased was approved by Judge Gear.
who ordered the executrix charged
with 1880 and credited with $50, same
to appear in next account of execu-
trix. The account showed receipts
of $19,491.50 and payments of s16,S35.65,
leaving a balance of $2655.S5. VIM. R.
Sims was the master reporting.
COURT NOTES.
Plaintiffs in the suit of v. o. Teixeira
ct al, VS.. American Dry Goods Assoc
citation ct al by their attorney, Henry
E. Highton, have entered an appeal to
the Supreme Court from Judge Gears
decree in favor of the defendants.
A bill of exceptions containing 25
pages has been filed by
Kinney, Mechanism & Cooper for
plaintiff in the suit of Marconi's Wire
less Telegraph Co. VS.. f. J. Cross Ex-
are to Judge Robinson's rul-
ings and instructions and to the verdict
of the jury for the defendant.
The divorce suit of Ella K. Baker
VS.. Edward Baker has been discontin-
ued.
Edmund H Hart has filed his oath
and his bond in $4,000 as commissioner
of foreclosure sale in Henry Smith VS..
John D. Holt ct al. Jas. F. Morgan is
the surety.
GRAND JURY.
Notice is given by P. D. Kellett, Jr.,
clerk, to the following named grand
jurors to appear before the Hon. j. t.
De Bolt, First Judge of the First Cir
cult Court, at the Judiciary building,
Honolulu, on Monday, the fourth day
of April, A. d. 1904, at $3.50 O'Clock a.
M, sharp, viz: ]. H. Schnack, Lewis
C. King, Winifred H. Babbitt, Fred.
Turrill, VIM. Albert, ]. A. NJ. Johnson.
Henry Hickey. H w. Lake. JOS. An
drade. H. P. Benson, Jas. Mott, Jr., w.
L. Fletcher, John Edwards, Alex. Lyle,
D. ]. Styne, B. F. Dillingham;, j. G. Ak
tell, F. P. Mcintyre, John A. Baker,
Edward C. Brown, David Goldstein,
VIM. Mulch, and Guy Owens.
TRIAL JURY.
Notice is also given to the following
named trial jurors to appear before the
Hon. J. 7. De Bolt, First Judge of the