The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-19

/ which are of an estimated value or
1880. Respondent had mentioned that
he received a warranty deed for the
| Cyclomere lots he purchased.
His prayer is that it be decreed as
follows:
I l. That under the equities the lien
of the mortgage set forth in the petit
ton rested prior to July Is, 1904.
primarily upon the portion of the prem
ises remaining the property of c. 5.
Desky. trustee. and that such portion
was primarily liable to be sold for the
satisfaction of the mortgage.
| 2 That the several parcels convey
ed by Desky. as stated in the pleadings.
were on July 10. 1904 subject to the
mortgage lien and liable to be sold for
the satisfaction of the lien only after
| the sale of the portions still belonging
to Desky and only in the inverse or
der of their alienation as follows (a)
1.-THE Betters purchase. OBJ the Califor-
MIA Feed Co. purchase, Co the Wolters
/ purchase.
| Thayer & Hemenway and Ballou &
Marx are attorneys for Wolters.
LAND TITLE OPPOSITION.
Emil KIemme's application for regis
tration of title to land he bought from
Frank Godfrey, trustee of Thomas
Metcalf, is opposed in an answer filed
| in the Court of Land Registration by
Helen Rowland and James Prosser.
The same issues are raised Is those in
the Godfrey Rowland ct al suit where
| a judgment for defendants has just
| been set aside by the Supreme Court
as to Helen Rowland and a new trial
ordered. The answer says that Helen
Rowland expects to file a motion for
| a rehearing within the time allowed
| by law and based on substantial
! grounds, and respondents submit that
| the litigation in the law courts oper-
ate to prevent KIemme from applying
for registration at the present time.
An estoppel is also set up on account
of certain leases of the property in
controversy entered into by Klemme
with James Prosser, Emma Metcaf
Ikaika and Thomas Metcalf. Kinney.
Mechanism & Cooper are attorneys
for the Directing respondents.
MARRIAGE REGISTRATION.
Judges De Bolt and Robinson have
promulgated a new rule of the Circuit
Court. to facilitate compliance with
the Federal law relating to the regis
tering of marriage certificates. 1t pro-
vides for the keeping of Register of
Marriage Certificates and the charg
ing of registry fees, being % cents a
folio and % cents for filing.
HARRISON COMES AGAIN.
Thomas Miner Harrison petitions the
Supreme Court for rehearing of his
4 -
Stocker, L. c. Ables and others. The
grounds presented occupy % typewrit-
ten pages Robertson 6, Wilder are at
torneys for the appellant.
DENIAL OF MOTION.
Judge Robinson denied the motion of
j. A. Magoon, attorney for ]. S. Low, |
for an order to A. w. Carter as trus-
tee for the Parker estate. to pay a fee
toward the attorneys expenses in APP |
pearing before the Federal Supreme |
Court in Washington. The motion was
denied without prejudice on the ground |
that the Supreme Court of the United |
States had issued a restraining order |
TO the Circuit Court against further
hearing of the Parker guardianship |
case pending the appeal
COURT NOTES.
William o. Smith, executor of the |
will of Maria l. Hoffman, has brought |
a suit for foreclosure of mortgage |
against J. H. Fisher and Nettie P. |
Fisher on Fort street property. The |
claim is for $4,000 principal and $1592.- |
IS interest. A deficiency judgment is
asked for, should the sale of the mort |
gagged premises not realize the amount |
of debt and expenses.
Jonah Kumalae and Enoch Johnson |
have perfected their appeal to the Su-
preme Court against conviction and |
sentence for conspiracy.
Judge De Bolt overrued the demurrer |
of Jas. Brown in the suit of ]. NJ Dow |
sett, trustee, VS.. Grace A Brown, for |
writ of possession, and allowed him |
ten days in which to answer the petit
ton.
Judge De Bolt approved the accounts |
of z. F. Bishop, trustee of estate of |
JAS. G. Hayselden. This estate is |
valued at J,54S.3S.
Judge Robinson. in the assumpsft |
suit of D. H. Lewis VS.. Christopher ]. |
Holt, extends the time for making re- |
turn of execution for 80 days from |
February 10.
d ddSIiSiiI III OeIduil lot pldllJlI has |
been rendered by Judge De Bolt in the |
suit of Paul Friedman VS. Carrera &, |
Co., Ltd.
Amelia X. Green was granted a |
divorce against Frederick NJ Green,
alias Oates, on the ground of non-sup- |
port. c. c. Biting appeared for libel
liant.
Fishing Right Suit.
The Oahu Railway & Land Co, lately