The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-06-09
: GUARANTEE NOTRIRG,'
REMARKS THE COURT
PuRoHAsER MUST LOOK OUT ron
IuMBELr AT JUDICIAL
SALES OF LAND.

. at judicial salo We guarantee
nothing"
This utiemncc, Of no small import
fell from tho lips Of Cireait Judge Ro
binson while he was sitting in equit,
yesterday. He made it while hearinf
ease concerning A. V. Gears cotton
plantation. In this case John X. Sum
ner is plaintiff and the suit is to fore
close a mortgage for $4,000 against r.
w. Davis upon land in the Mokapu
peninsula
So many counter interests arc in
fYolved that it required no less than
seven attorneys to appear in Judge Rob
inson s court yesterday in connection
with the matter, the attorneys being
Thayer & Watson, W. II. Rawlins, C..
l.. Peterson, Peters and Schnack and
John Marcallino. Exhibits which were
sought to be put in were of so ancient
a date that the judge was moved to
blithely remark that it hardly seemed
necessary to go back to the days of
Sodom and Gomorrah.
John X. Sumner gave trust deed in
1902, by the terms of which his re-
lative, Deputy Sheriff R. w. Davis.
familiarity referred to by counsel as
"Wallie," was to get the income and
the rents for life. At his death the
land was to go to his heirs. Davis sold
half-interest back to Sumner with an
option of rep1rchase. He also mort
gagged the other half.interest to Sum.
ner. The mortgage and Davis pro-
missory note for the amount read for
five years.
Would Foreclose.
A. V. Gear was attorney for Sumner
up to May, 1910, and extended the note.
for two years. When Gear ceased to
be Summers attorney John Mafcallino
was retained in that capacity and he.
on Summers behalf, started an action
to foreclose the mortgage. He claims
that the extension of the note for two
years is not binding. A. V. Gear and
Fred Harrison are defendants in inter
est with Davis, they having lease of
portions of the land involved. They
are in the suit TO protect their inter
ests. The various interests represent
ed in the suit, which call for the at
tendance of so nancy attorneys, are
those of the MORTGAGE, the mortgagor
and the two lessees.
Besides making the remark above
quoted, Judge Robinson, during the |
progress of the case, stated that in |
this character of action the court has |
no right to pass upon the title.
lit IS an action, not to consider or |
quiet title, it is merely to foreclose a |
and is limited to that, z said |
the judge. Later the court stated:
Whatever may be the abs1rdities
of the matter, in a case like this the !
limitations of jurisdiction of the court |
are fixed and certain The case will
be resumed this morning.
Telephone Case Discontinued.
As an echo of the telephone war
which once promised to stir up the com
mlnity, came the fling in the circuit
court yesterday of a notice to the eff i
feet that the STANDARD Telephone Com
Dany has discontinued its suit against
he Mutual Telephone Company. ~-The
Standard asked for an injunction from
Judge Robinson some time ago to pro-
libit the Mutual from placing its wires
in the public streets
The case of Jose dos Passos Rodri-
yues versus the Portuguese Benevolent
society is to go to the supreme court.
4orrin Andrews, attorney for plaintiff,
gave notice of intention to ,
ppeal from an order of Circuit Judge
robinson quashing the summons in the
ase. !
Mrs. Keolaa Kahinu seeks divorce ]
rom Kinohou Kahinu and yesterday
led a complaint in the circuit court s
lleging desertion and non-support The :
ouple We're married at Laie, Septem.
er 2, 1893, and have one daughter. Ka. /
eli Ali, aged eighteen years. /
Judge Robinson yesterday approved
he report of Commissioner NJ. Il. 7
imonton regarding the sale, last Sa. /
lrday, of land on Hotel street belong. \
lg to the Anahu estate, which was J
ought by Mrs. Sophie Walker for So.
20. The judge also ordered that the
loney be retained by the clerk of the 4
oart until the lot withdrawn from sale
'st Saturday be sold and the sale con.
rmod. i