The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23

under a deed of trust by the Kona
Company conveying all its property as
security for payment of its bonds, a
receiver was appointed, with authority
| to carry on the plantation in order
| to save the crop. who took possession
of the property of the Kona Company
and OF the railroad equipment.
May 10 the plaintiff filed in the Cir
cult Court of the Third Circuit. in
which the receivership proceedings
| were pending, it's Notice of Lien of
Materialman" declaring that it has a
Hen on certain property of the Kona
Sugar Company" described as "all
that certain cutting, embankment,
grading and filling, and track,
switches, buildings, cars, engines and
other property forming and constitute
ing the line, roadway and equipment
of the single track railroad of the
Kona Sugar Company" for the sum
of $37,044.53, and interest for materials
furnished by the plaintiff to the Kona
Company for the construction and
equipment of the said railroad, and
August 1 the plaintiff. having obtained
leave, brought a lien action against
the receiver for recovery of the pur-
chase money. November "a the plain
tiff interviewed in the receivership pro-
ceedings with it's petition setting forth
inter ALA the indebtedness of the
Kona Company for materials furnish
ed it to be used, and which in fact
We're used, in the construction and
equipment of it's railroad; that the
plaintiff was the owner of $4,000 worth
of the first mortgage bonds Of the
Kona Company secured by a mortgage
upon all it's property, including thel
railroad equipment, and praying that
the order of sale be modified by ex-
cepting 'all liens, rights. claims and
interest of whatsoever name or nature
of all bondholders and of all persons
claiming, asserting or seeking to en-
force any lien of whatsoever name or
nature January IS, 1903, the plaintiff
discontinued the lien action. and Feb
ruary it sought and was denied leave
to bring against the receiver an ac- /
ton of replevin for the railway prop /
erty. the plaintiffs theory OF a sale /
being thus changed to that OF owner |
ship. The receivers sale was made I
and the plaintiff May 80. 1903, filed i
protest against its confirma ton and /
moved that it be declared TO be no /
sale on the ground that ii purported t
To include this railroad property. The
sale being confirmed, the plaintiff ap-
pealed TO this court solely upon the
ground that the judge had no juris-
diction to appoint the receiver or
order the sale. McChesney V. Kona
Sugar Co. Is Haw. 10, The jurisdic-
ton being sustained. the plaintiff
brought a writ of error to the order
confirming the sale, which was dis
missed November 81, 1904, on the
ground that it did not appear that any
Of the property of the plaintiff was
ordered to be sold. Bierce V. McChes-
ley, Is Haw 25S. The plaintiff then
this action of replevin, the
venue being changed to the First Cir
,uit and jury being waived by stipu-
alton. The trial judge gave judgment
hat the plaintiff recover the property.
With s1045 damages for its detention
md costs or So, 900. found to be its
ralue with the same damages for its
detention, informing the plaintiffs at
orneys. that they could prepare what
hey considered to be the necessary
acts leading to this conclusion and
present them. Several days later the