The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-02-05


valid Lifted, continued from Tuesday
before Judge De Bolt went to the jury
at seven minutes to p. m. yesterday.
A verdict for the defendant was short
ly returned. Exceptions We're noted by
the plaintiff, with notice of motion for
new trial.
Capital Building Co. VS.. Henry Wa
terhouse & Co. Is still on before Judge
Gear and a jury. This will be the
| fourth day
COMPLAINT AND ANSWER.
Madame Kailha has brought an
amended petition for cancellation of
deed against the heirs of the late
James Campbell, together with his
grantees, etc. AS in the former pc
tition dismissed without prejudice, the
complainant charges fraud and physi-
cal violence on the part of the late
James Campbell and Cecil Brown, COM
mitted in the latter's office, to obtain
her signature to conveyance to
Campbell of property at King and Ka-
piolani streets.
Annie Kellett, p. D. Kelett, Jr., ].
Alfred Magoon, Emmeline NJ. Magoon,
Geo. II. Paris and wife, Dora p. Paris,
=
have already entered a demurrer on
their own behalf to the amended COM
plant They set forth that the al
legged fraud and duress would not make
the deed void but at the most voidable,
and that there being no allegation in
the complaint that these defendants
We're not bona fide purchasers from
James Campbell for valuable con-
sideration, the complainant by her bill
has ratified and confirmed the deed as
to them. Therefore they pray that
they may be dismissed with their rea-
sonable costs.
REVIVOR OF JUDGMENT.
A writ of scire facias has been sued
out by Kuahini Perry Panani, Mary
, Ann Perry Maika and j. Alfred Ma
COON against c. l.. Hopkins and Will
liam Larsen. 1t is to revive a judg-
ment for $923.45 obtained in the Circuit
Court on December 2, 1896, by David
Dayton, administrator of the estate of
Narcisse Perry, against the defendants
The present plaintiffs are assignees of
different heirs of Narcisse Perry
Judge De Bolt has assigned the case
to Judge Robinson.
SuiNG oN BOND.
Judge De Bolt as successor of Judge
Humphreys. has brought suit against
! zee Chin, Lam Hong, also known as
Lum Hong, and Chew Man, also known
, as Chew Mon, as administrator of the
estate of Yee Chew Fan, deceased, for
! the recovery of 5000 together with in
terest, costs, etc,
Chew Man or Chew Mon, admins
traitor, absconded to the Orient with
$500 of the estate funds. He had Civ
en- his bond in $4,000 to Judge Humph-
reys, with Lee Chin and Lam Hong as
sureties. 1t is stated in the declara-
ton, on information and belief, that he
Is now in Manila, Philippine Islands.
Il. a. Douthitt is attorney for plaintiff.
BIG COUNTER CLAIM.
In the suit of oahu Railway & Land
Co. against Waialua Agricultural Co.,
the defendant has answered with a
counter claim of sl6,670.77, principal
and interest, on account of the pro-
portion of rental for upper Kawailoa
| lands alleged to be due from the plain
/ tiff to the defendant. 1t Is contended
that the plaintiffs claim of S4SOO for
! coal delivered to defendant has been
! liquidated and paid by the counter
, claim for rental just mentioned.
BUILDINGS EASILY REMOVED.
Lee Chew, answering the complaint
of William McCandless for Injunction
against removing buildings from prem
ises on which lease is about to eX-.
pire, claims that the buildings were
only erected as stables to house ami
mails used in cultivating the land, that
they We're never attached to the soil
and can be removed without injuring
the premises, He asks that the COM
plant be dismissed,
MRS. MOORHEAD'S WILL.
Father III. Vaientiu petitions for pro-
bate of the will of Margaret Moorhead,
who died at Honolulu on January 30,
1904. The will was executed July .,
1903, when the testator was of the age
of about rs years, in presence of David
Dayton, Frances Stothard and Nellie
McLain. After payment of her funeral
expenses and just debts, she gives the
Roman Catholic church in Hawaii 500
All the rest OF her estate she leaves 10