The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-12-27

Receiver was appointed. with authority
70 carry on the plantation In order
10 save the crop. who took possession
81 the property cs the Kons company
ana ef the railrcAd equipment.
May rs the plaintiff filed In the Cir
cut Cour, % the Third Circuit. In
which the receivership proceedings
were pendlng. its Notice os Lien OF
Matsrialnan~ declaring that Il has a
lien On certain property az che konS
sugar Company described as all
that certain xutting. eyneankment.
grading and rling. and track.
switches, buildings, cars engines and
other property forming and CONSTITUTE
ing the line. roadway and equipment
81 the single track railroad OF the
kcna SUGAR Company" for the sum
OF ss..es.sS. and interest for materials
furnished by the piainun 10 the Kons
Company for the conStruction and
CONTINENT OF the said railroad. and
Angus, the plaintiff. having obtained
leave. brought q lien action against
| the receiver for recovery OF the pur-
chase money. November - the plain
iii interviewed In the receivership pro-
ceedinxS with its petition setting forth
inter ALA the indebtedness OF the
Kona Company for materials furnish
ed II TO be used. and which In fact
were used. in the construction and
equipment. Of its rsilroSds that the
plaintiy wss the owner OF $500 worth
OF the first mortgage bonds OF the
Hons CorrpSry secured by 3 mortgage
upcr al its property. including the
railroSd equipment. and praying thsf
the order OF sale be modified by ex-
cepsinS AL liens. rights, claims and
interest Of Whatsoever name Or nature
OF all nondhoi6ers snd Of ST. persons
claiming. asserting or seeking 20 en-
force any lien Of Whatsoever name or
nature January ~ 1875 the plaintin
discontinued the lien seton and Feb
rus-v ; IL sought and was denied leave
70 bring against the receiver sn se-
ton Of rsp,svin for the railway prop
srty. the plaintiffs theory OF sale
being thus changed 70 that OF owner
ship. The receivers sale wSs MADE
ana the plsintir May 81. 1905 filed 3
p-ctsS, against its confirmation and
moved that il Be 6eciSred TO be no
sale on the ground that Il pUrporte1
10 include this railroad property. The
ssss being Confirmed. the plaintiff APP
nasIas 70 this court solely upon the
rround that the judge had no Juris-
dicciou 70 appoint the receiver or
order the sale NcCheSnsy v kona
Sugar Co. Is Hsw. 10 The turisdic-
ton being sustained. the plaintiff
brought s writ Of error 20 the order
confirming the sale. which wSs dis
missed November 81. 1904. on the
ground that IL did not appear that any
Of the property OF the plaintiff was
ordered 10 be sold Bierce y NcCfss-
new. Is Hsw. SIS The plaintiff then
brought this seton Of replevin- the
venue being changed TO the First Cir
cult and Jury being waived by sdpu-
lstfon- The trial judge gave Judgment
that the plaintiff recover the property
with Sre45 damages for its detention
srS costs. or $500. found 70 be its
value. with the same damages for its
detention. informing the plaintiffs at
So-nsyS thSt they could prepare what
they considered 20 Be the necessary
facts leading 20 this conclusion and
present them Several days later the
Plaintiff presented. and the judge al
lowed seventeen findings Of fact and
eight conclusions Of law IS they are
termed
The findings sr5 conclusions sre 20
the ecect thSc February 81 1870. the
plaintiff and the kolS Company made I
eoaSrace fog sale Of this property, .
that II did Eot pass 70 the eouP4nys
possession until after the contract Of
March e 1861; thSt the payment Of /
sc and the note for So. e4AS2. given
under rhzt contract were in settle
usut o. the former CONTRACT and rot
n consideration OF the purchase prices
that the payment OF the ro-e was 8
con5fcfoR precedent 70 6fyeSt the
plzinrfT Of its title; that the later
Contract vas entire ard incapable OF
sppo-rfonnsrr 50 as TO ascertain the
1rics OF EsaShls and nonEslShls items
was : conditional sale ard not 8
chatrsl mortgage or an absolute sale
with lien reserved II the Te1Sor7 that
Souze OF TIE property vas not used
for The railway and was not Ee1Sblss
that TIE plzintif. by the lien suit or
generally. had rot waived its title TO
TIE property Or made election Of RENE
dis OF rights 10 bar this action or
re<cfnsi the contract that the defend
ant took possession with kr0Eledge Of
he PLAINTIFFS claim OF title that the
rzIus q the property was $500 aid
that tie plzin-ft had suffered dam
szes from It's detention il the sun Of
sra45- bang SIX Per cent interest On
So go from June I. 1873
TnS Gsts6znr's bill Of exceptions 20
rulings ar TIE trial The I1isDsnr and
IL z76fnES and Conclusions vas
brought % This court zrzued N0vsu-
Der u rsa4- and decided January :.
1915 Cs EzE rS. : petition for r.
-sGrirz argued Nzrch & and April
49, beng denied AprII - 0b- I'D
Tas excsotionS -srt sustained which
related u the pIsfntfEs election BY
4. Hen action 70 treat the property sS
sold thz 5c5eus1t Of the Cl-Srit Court
u-szz reversed and TIA cz1SS directed
10 be rsnzossd f1- S1ch further pro
IS might be prop
Nay Ia pIzf11fE moved that the
zs-f<z01 q EzE9ry :. reversing the
Indignant q The trial coU-T and re-
the cause for sUch further