The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-06-18
'ATCHER[EY CASE
. FINALLY DECIDED
Remarkable Litigation Ends BY
Leaving Property In Hands
LeptkeWerse& Cooke
o. LsalI&2 Cp96s.

After years Of litigation, the federal
Supreme Court, according to adyices re,
ceived here. yesterday, has finally de.
cided the historic " Atchefley Case"
affecting the title TO q plot of land on
the corner Of Queen and PdnchbowI
streets, which henceforth indisputably
Belongs to the present occupants, Lew.
crs 4 Cooke Mrs AtcherIey, wife
Of Doctor Ateherley, once the center of
board Of health turmoil, along with
the famous J. Lor Wallach and the
female rocks, '3claimed title to the
property, valued at 100000, and has
been fighting for possession since 1901.
The history Of the litigation and OF
presents a number of curious things,
but nothing in the case is, more cx:
traordinary than the fact that while
Mrs. Atcherley claims to have bought
the property with a. horse valned at
fifty dollars that was never delivered,
she has profitted out Of her claim
without whining it to the extent Of
$2I 900. -' fT. 81 81
KaIakaua Occupied Lot
The land involved is the lot where
King Kalakauaa lived during his reign
and where he had lived during his boy.
hood, and even then the title had been
N litigation, the original suit having
been instituted in 1885, although it was
thought that the matter was settled by
the old decisions which seemed to take
the view that Kalakaua and his heirs
held' title. J.
Judge Philip Il. Weaver, who Is per.
haps best acquainted with the various
angles Of the matter and who heard the
original contest as judge of the land re-
gistration court, gives its history as
follows:
cit happened that Mary Atcherley,
Tawaiisn woman. related to one of the
people about Kalakaua's Court, dug up
ann that the legal title of the pre-
misses was in q person by the name Of
Kaniu, and that she could buy this
interest for small sum.
Good Source Of Wealth
"The deed recites that for the sum
Of fifty dollars, the owner conveys all
her interest in the premises to Mary
Atcherley. With this deed Mary At
cherley set up claim to the legal title
Of the lumber yards, then occupied -
Levers l. Cooke, when that company
pntitioned for registered title and
cited her to appear.
at is interesting to note how this
claim developed as very successful
source of wealth to Mary Atcherley:
for I am informed Of claims for mo-.
loaned to her for ner support during
the litigation amounting to not less
han $2l 600.
"This was sure thing for the
claimant, who had no other property
from which to pay her creditors. If
she lost the suit she still had enjoyed
the benefit Of a fair-siZed fortune; if
she won she still had good balance to
| live on.
"Now the Supreme Court of the
United States is said, by cable mes
sage today, to have reversed its former
decision, sustaining Mary Atcherley g
title, and to take the view which l took
when land court judge, that the title
to the premises rightfully belonged to
Levers & Cooke, Limited. This deci-
sion of the Supreme Court is particul-
arly gratifying to me because it was
the only decision given by me as Judge
of the land court in the seven years ]
acted, which was reversed.
Tribunal Reversed Itself
"The Supreme Court of the United
States has done an unusual thing. 1t
has reversed Itself and in doing so re
versed also the opinion Of the Supreme
Court of the Territory, which sat and
decided on the appeal from my court at
that time.
1.-The local Supreme Court, as now
constituted, has since disapproved OF
the old decision, but followed the opin
ion Of the upper court under protest. II
seems clear now that the final decision
will give to Levers & Cooke the re-
gistered title.
1.-THE most remarkable feature of the
case is the wonderfully successful
speculation in land title made by Mary
Atcherley. She has promised to pay
fifty dollars; there are rumOrs that thu
sum was to be paid by her giving The
grantor a horse in place of money an,
it is said the horse was nevor delivered
She has actually enjoyed the benefits
of $2l 900 that | know Of
"She received $400 for one dolla
and still lost her suit.
Luck of Some People
"The luck of some people is wonder
full.
Incidentally her attorneys VIII
O. have fought the case through for year
arc ont of pocket and have lost thel
} time and efforts.
, In the recent argument before tn
: Supreme Court, D. l.. Wilmington al
! peared for Levers 3 Coo" and .Ini9
t Lyle D.ckey for Mrs. Archerley.
D TpIInC tn pILpY MEAN