The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-15
BROWNS BURDEN
IS ROLLED AWAY
Suit to Compel Him to Take
Lease of 10, 600 Acres
Dismissed.

| Arthur NJ. Brown had the burden OF
$4,000 acres of leasehold taken off his
shoulders yesterday by Judge Lindsay.
| The bill for specific performance
brought against him by Land Commits
sioner Pratt, to compel him to accept
and execute lease of Kaohe lands
bought at auction by his agent two
years ago, was dismissed by the court.
In sustaining the demurrer of the re-
spondent Judge Lindsay did not hold
that Commissioner Pratt, having acted
as auctioneer for himself, could not
| bind the purchaser. He did have
| doubts on that point but, whether or
not Pratt could bind the purchaser, the
ruling was made on another ground.
| Judge Lindsay held that the memo
randum of sale made by the Commits
sioner did not state the terms Of the
contract with sufficient certainty to
comply with the statute of frauds.
If a professional auctioneer had been
employed and made a memorandum of
the same kind, but one indicating that
the property was fully described in GER.
tain other papers, then the contract
would be binding. But as the court
indicated, there is no sufficiently def
mite description in the Commissioners
memorandum in this case, which is as
follows:
1.-The lease of $4,000 acres, a little
more or less, of the land of Kaohe was
put up at auction by Jas w. Pratt on
Saturday, Jan. 81, 1905. After some
lively bidding between L. P. Low in
company with F. Wundenberg and J.
A. Magoon, on one side, and A. A. Will
der representing the applicant, on the
other, the lease was finally sold to A.
A. Wilder for A M. Brown at an an
nual rental of $3.50. Present at the
time of sale We're Messrs. S. A. Dole,
A. f. Judd, A. w. Carter, J.. F. Brown,
s. NJ. Ballou, I. Noar, w. P. Fennell
and Geo. Lucas"
F. w. Milverton, Deputy Attorney
General, appeared in the case for the
Land Commissioner, and Geo. D. Gear |
for Brown
FULLERTON TO APPEAL.
In the matter of the guardianship of |
Mabel Roberts ct al, Judge Lindsay |
has filed a written decision covering |
his former order, surcharging the
guardian, James E. Fullerton, with
$2S51.30. removing him from Office and
appointing Richard III. Trent in his
stead. This is to enable Mr.. Fuller
ton to appeal.
VIM. r. Castle, administrator of the
estate of Mary Ann Pa, files an inyen-
tory showing a total valuation of
$471.45.
Thomas K. Clarke, executor of the
estate of Annie Clarke, files his final
account, balancing at s1258.85, with
petition for discharge.
CLAIMANTS SHUT OUT.
Dickey v. Cummings was continued
by Judge Lindsay until Tuesday. In
this case an interlocutory decree has
been made declaring that John Paia
Jr., Abraham Nakea, J. NJ. Poepoe and
Umauma have no interest in any part
of the lands described in the supple
bill. Also an order has been
issued that defendant Joseph A. Apo,
on or before Monday next, file an
answer to the supplemental
bill, set out copy of his alleged agree
ment, tell what sums of money he has
paid, on what dates and to what per-
sons, and tell what the nature of his
claim is-for example, if he claims a
right to get deed of any land to- ,
say so. ,
SOOh1 4
Judge De Bolts jury is excused until
Jury was waived in the assumpsit t
suit of G. J. Mccarthy v. L. M. White
house before Judge De Bolt yesterday {
Ind the case assigned to Judge Lind |
'ay for trial. Gear for plaintiff, Thomp- I
son for defendant
G. j. McCarthy's damage suit against .
Oahu Railway & Land Co, on account
If election from a train, was continued
,y Judge De Bolt to March IA for trial.
Defendants demurrer in Levers &
Cooke, Ltd, V. A. V. Gear ct al, and
he motion to set for hearing a petit
ion for accounting in the matter of
George Galbraiths estate, are on Judge
)e Bolts calendar for this morning.
In the fishery right case of Kapio-
ami Estate, Ltd, ". Territory of Ha-
vail the motion of defendant to reopen
he case for newly discovered evidence
7as granted by Judge Lindsay.
Costs against defendant in the suit
f DR.. Walter Hoffman, V. F. F. Com
redo were taxed at sI1 by Judge Lind
ay.
Kinney, McClanahan & Derby for =
laintiff in the action on judgment of
oseph o. Carter ". Koolau Male ct
l., with the trustees of the estate of
c. Allen, garnishees, will move at
a. m. tomorrow before Judge De Bolt
} set the demurrers of defendants for
caring.