The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-04

Koolau Male, formerly Koolau Kai-
kainahaole. as Administrative of the
estate of John w. KaikainahaoIe de-
| ceased. as guardian of her minor chill
dren and suing in her own behalf,
brings an injunction suit against Jos.
o. Carter, Allen & Robinson and the
trustees of the late S. c. Allen to re-
strain them from prosecuting an eject
ment suit against herself and her chill
dren for property adjoining Kawaia-
hao cemetery and to compel them to
make an accounting.
The property was mortgaged by the
late John W. Kaikainahaole to the
late Sam. C. Allen on May 4, 1895, to
secure a promissory note for $500, in
terest of 10 per cent per annum paya-
BILE quarterly and principal in four
years. Under foreclosure proceedings,
after the death of Kaikainahaole. j.
o. Carter, as trustee for Allen & Rob
inson, bought the premises but when
he attempted to take possession met
resistance. Some house wrecking was
done and injunction suits were brought
which We're finally decided by the Su-
preme Court against Mrs. Kakainaha-
ole. A certificate of formal taking
possession is mentioned in the present
complaint, which complainant main
tains was not legal
Complainant declares that her
former husband did not get the money
from Sam. c. Allen but left it in his
hands to be expended on improvements
of the property, and there was never
an accounting. There was no claim of
the debt filed with her as administra-
trix according to law and she says if
there had been the estate was good for
it, The price of $4,000 at the foreclosure
sale was grossly inadequate, she fur
Their alleges and says the premises
should have been cut up into resi-
dence lots, its area being from one to
two acres Complainant says it was
worth $4,000 There is a constitu-
tional point raised by Mrs. Male. an
allegation being made that certain |
laws under which she was previously |
worSted were unconstitutional and |
void.
will probably be remembered as a |
Henry E. Highton are fighting the ag-
grieved woman's legal battle.
CONTEMPT CASE.
Summons for an order to show cause |
against c. H Brown, administrator of !
the estate of D. G. Camarinos, de- !
ceased, has been returned unserved |
with a statement that the respondent ,
is believed to be on the island of Kauai. |
The order was sued out by S. Roth, |
Hawaiian Soda Works, John Effinger
and Hotel Stables, and cites Brown to |
appear and show cause why he should
not be punished for contempt of court
for failure to obey an order command |
ing him to pay into court s129.05 he
longing to the Camarinos estate.
JOHN MAGOON'S WILL
The will of the late John Magoon has !
been filed for probate. 1t leaves the en- |
tire estate to j. Alfred Magoon son of |
the testator, nominating him as exec |
utor without bonds. The will was exc |
cuted on May 8, 1905, four days be- |
fore the testator's death, in presence |
of F. Wundenberg and c. E. Gilbert. |!
In the petition of John Alfred Nagoon /
for probate, the estate is described as
consisting of chooses in action and per- !
sonal effects, being valued at $4,000.
PAPERS WERE LOST.
An ejectment case begun in the Sec |
ond Circuit (MauD away back in 1898
has been transferred to the First Cir !
cult Court. 1t is that of w. r. Ka- |
laeokekoi against Waikiki Sugar Co. ,
and is for land containing 1852 acres. !
AS the original papers have been lost !
copies of the complaint and answer ,
have been filed by stipulation between ,
C. w. Ashford for plaintiff and Kin :
ney, McClanahan & Cooper for de-
PENDANT.
COURT NOTES.
J. NJ Monsarrat, examiner, has report :
ed favorably on the application of
Peter c. Jones. Ltd. for a title in the /
Court of Land Registration to land in !
Kalaepaa Kalihi, known as the Morris ,
property and containing 1925 acres, a !
little more or less.
Schuman Carriage Co is suing W. ;.
Withers as defendant and Hawaiian
Stock Yards Co. Harry A. Bfgelow
and Wade Warren Thayer as gar
nishees. for $1,000 and per cent inter
est from September 1, 1902, on
promissory note.
Judge Lindsay granted a divorce to
Makaiwa against Kaona for non-sup-
port.
L