1928-06-14 — Page 2

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THE HONGKONG TELEGRAPH,

THURSDAY, JUNE 14, 1928.

DISPUTED TITLE DEED, various Judgments of these Courts which are prodced before me in evidence.

JUDGMENT DELIVERED IN

SHANGHAI CASE.

In H. M. Supreme Court at Shanghai, judgment was given In tho caso in which Geo Wah-szo, administratrix of the estate of Koo 'Lom-hol, is suing Messrs. Shewan, Tomes and Co. for the roturn of the title deeds of the British Con- sular Lot No. 7901. Mr. Tycho Wing appeared for the plaintif and Mr. K. E. Newman on behalf of the defendante. In the absence of Judge Sir Peter Grain, Judgo G. W. King read the fuda- ment, which Judge, Sir Peter Grain had prepared before his de parture. In part it is as follows:

This is practically an action be tween one Gee Wah-sze (the widow of Koo Lam-hol), and a concubine of the deceased maimed Gin Cheng ere and her son Gin Zung-ching with regard to the division of the estate of Koo Lam-hol, deceased, all being of Chinese race. But as far as this Court is concerned it is

It appears that at some time in the past the deceased Koo Jam- hol became registered at the Por tuguese. Consulate nt Shanghai as a Portuguese aubject and his death was duly registered at the Portu guese, Consulate, Shanghai, de taking place on January 9, 1924.

But his marriage with the pininë tiff, hie widow, was not registered. But she became registered at the Portuguese Consulate as a Portu- guose subject some time before December 18, 1927: Ahough the Portuguese certificato put in does not say what was the date of her first registration. -Neither the date of the original registration of Koo Lam-hot nor him widow Gre Wah-sze have been given in evi« dence.

It also appears that the con cubine' Gin Cheng-sze was' rugin- tered at the Portuguese Consulate. as a Portuguese subject on Jan. uary 22, 1924, as being the widow of Koo Lam-hal." And Gin Zong- ching is also registered as belug a Portuguese subject by reason di Portuguese:wubject and herself widow of Koo Lam-hol.

All Registered as Portuguese.

an action by the widow Gee Wah-being the son of Kao Lam-hol, a Exc, who claims to be a Portuguese aubject, against a British Arm, Showan, Tomes and Co., for the return of title deeda to land Lot No. 7901 which had been deposited with Shewan, Tomes and Co, by Koo Lam-hol when alive and em- ployed by them as a compradore.

The statement of claim alleges that the widow le a Portuguese subject, that Koo. Lam-hol died on January 9, 1924, intestate and that the widow by Portuguese law is entitled to administration of the estate of her deceased husband.

The Deceased's Estate.

4.

So it appears that all the Chin- ese parties have at some time or other been registered as Portuguese subjects either lawfully or unlaw- fully. This information is set out in a judgment in the Portuguese District of Macao Court from documents there produced and there is also other evidence to the same effect,

A judgment of the Portuguese Court of Macho is put in which finds that Koo Lam-hol was a Poc- And it is alleged that before he tugudho subject and that the plain. tiff Geo Wah-szo was his legiti- died, Koo Lam-hoi had been commate wife and was entitled to ad- pradore to Shewan, Tomes and Co., ministration of the estate of her And had deposited the title deede as security for his compradore deceased husband: ship. And It is stated that at the time of his decease no liability existed on the part of Koo Lam-ed at the Portuguese Consulate hoi to the defendant firm..

And that although the con- cubine Gin Cheng-sze was register-

as wife of Koo Lam-hoi she was not so but merely a concubine,

Mixed Court Agreement.

It is also pleaded that Shewan, Tomos and Co. intermeddled in the estate of the deceased by deposit-

A case which was started in the ing the deed in the Hongkong and Shanghai Bank as security for the Mixed Court, Shanghai, is referred liabilities of the son of the con- to by the defendants, the parties cubine (Gin Zung-ching) who had being the present plaintiff Gee become their compradore on the Wah-sze against the concubine and decease of his father Keo Lam-hoi,,, two Chinese middlemen. A Bettic- And it is stated that the titlement of this action appears to deede form part of the estate of have taken place by which the widow. Gee Wah-eze received

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the deceased and that his widow, $1,500 "being the maximum amount to the Hongkong Bank in "dua ner ment and duly handed over to the The offer is that the concubine has a right to them for the purpose agreed upon by both parties for formance of your agreement with Hongkong Bank under the same and her son will pay off the of administering the estate.

the compromise of the suit." The defendants say that Koo The will that is put in expressly us." On July 4, 1928, Chewan, agreement? By the evidence of liability to the Hongkong Bank on Tomes and Co. aend the title. Showan, Tomes and Co. a liability the title deeds and allow Shewan, Lam-hoi entered into a compradore states that although he is leaving deeds to the Hongkong Bank as of the deceased still attaches to Tomes and Co. to deposit the deeds I am of opinion agreement (June 15, 1928) with most of his property to his son documents "deposited with use this security. The judgment of in this Court. them and that one of the terms by the concubine, nevertheleas the security by our compradore, M. the Court of Macao as regards the that if this, is done it may save of the agreement was that the title title deed in question "has been Koo Lam-hot under an agreement nationality of the plaintiff, Geo further litigation. deed should be deposited in the mortgaged to others" This bears dated June 15, 1928." The dup-Wah-sze, as a Portuguese subject Hongkong Bank as security for his out the statement of the defence lente receipt for the title deeds and her right to administer the er- liabilities and that it was so de- that the title deed in question is a posited on July 6, 1923.:-

[ Will under Chinese Law.

firm.

the

Because I think that if that is dono some settlement will be ar

security partly for liability of des was sent to Koo Lam-hol, July 6, tate of her deceased husband, rived at by the parties, or some

ceased and partly liability of the

son,

But it does not bear out the The defendants allege that when Koo Lam-ho died on January , statement of the defence that it 1924, he was under liability to the was "hypothecated" by Gin Cheng- sze and Gin Zung-ching because They further allege that before the deceased definitely states in he died Koo Lam-hof made a will his will that he had already hy- under Chinese law to the effect pothecated it before he died. that the concubine was to be ex- Shewan, Tomes & Co's Compradore An agreement was entered into ecutrix of his will during minority of the son and that after between Koo Lam-hoi, the deceas- the majority of the son, he, theed, and Shewan, Tomes and Co.

on June 15, 1923, son, was to have the property. And the defendants say that the deceased and his widow were not and are not Portuguese nationals and that the title deeds were given as security to the Hongkong Bank by the concubino and her 80д, January 9, 1925.

The title deed is now in the Hongkong Bank as security for the aum of Tls. 5,000, partly the labi- lity of the deceased and partly that of his son, the prișent com- pradore.

Alleged Renunciation by Tlaintif The defendants further allege that the widow, entered into an agreement on September 3, 1925, whereby she renounced all claim on the estate in return for the sum of $1,500 duly paid to her. The case is full of dimeulty by reason of the various nationalities, real

of claimed, of the parties and the Various Courts who allege to hold jurisdiction over them and the

SALESMAN SAM

(SAY,GUZZ,OUR Horse Doesn'T SEEM T'B8

EATIN" ANY HAY AN' THAT'S WHAT I BOUGHT

HIM FOR

COMBINATION GARAGE STABLE

AW,MEDBE HE'S OFFHIS

FEED JUST ON ACCOUNT"-

OF THAT BITE ON THʼLEG

ALBERT GANE HIM=}

By this agreement the defen- dants, Shewan, Tomes and Co., agreed to employ Koo Lam-hoi as their compradore for the term of one year from July 1, 1928, with certain rights to both parties of

termination: "

The compradora agreed to trans. fer certain title deeds to the firm to be registored in their name.

1923.

-

am of opinion I must accept.

decision will be arrived at as to whether the plaintiff did renounce all claim to the estate on payment. of $1,500,

On Friday 21, 1024 (after the

A Very Difficult Question death of Koo Lam-hoi), Shewan,

Now it la an extremely difficult Tomes writes to the concubine,

And therefore I consider my best Gin Cheng-sze, confirming a verbal question" for me to decide, as lo arrangement that they would con-who is entitled to have the title course is to make an order that A Portuguese Court of the title deeds be deposited in this tinue the agreement of June 15, deeds. 1923, with herself acting on behalf 'Macao says that the plaintif is Court after the concubine Gin of her son, who was then about 13 entitled to them. Provisional Cheng-sze, and her son, Gin Zung- Court says that the concubine and ching have paid off the liability or 14 years old,

to the Hongkong Bank... her son are entitled to them.

If I make an order that Shewan, I propose to deal with costs as Tomes and Co. are to hand the if it was a probate action, which. deeds to the plaintiff, the con- in fact it is, namely, whether the cubine and her son can suc Bhe will of the deceased Koo Lam-hoi wan, Tomes in this Court for the is a legal will or not by Chinese title deeds on their judgment in and Portuguese law. the Provisional Court.

And therefore make an order

On these facts, the agreement, the will of the deceased, the let ters of Shewan, Tomes and Co. to the Hongkong Bank it is clear that the title deeds in question were hypothecated to Shewan, Tomes and Co: by Koo Lam-hol before his denth

: ྃ

On behalf of the plaintiff it is If I make no order am not that the costs of this action, fe. urged that there is a liability on enforcing the Portuguese judgment plaintiff and defendant, come out. the defendants to return these of Macao which I consider I am of the estate."

And If the title deeds are de- title deeds as they had improperly bound to do. parted with them.

There is one question in this posited in this Court these costs. case which is to my mind very can be deducted or enforced be-- fore the title deeds are handed. doubtful.,

It has been suggested that the over, plaintiff in this case renounced all I am in hope that this arrange-- claim on the estate of her latement may save further ligitation husband for the sum of $1,500. by a settlement being arrived at.

"Provided that upon the de-

And the case of Jones v. Dowle, termination of the agreement 9 Meeson and Wellsly 20, is quot and upon all accounts between ed, namely, Baron Parke in his the firm and the compradore or judgment, "determine does not lie other person for whom the com- against him who never had my pradore is responsible having session of the chattel, but it does been fully settled and the ac against him who once had, and count or accounts thereunder has improperly parted with pos- due fully paid without loss to scasion of it.""

.::

There Is undoubtedly come The widow is said to be a very...... evidence before me that the plain-poor woman while the estate in tiff did renounes her claim on the possession of the concubino' and estate.

her son is very large,

:

the firm, the firm shall reconvey, Defendants' Alleged Liability. retransfer or release the said land, etc, etc.”.

Can it be said that Shewan, Offer to the Plaintiff. On June 25, 1923, Shewan Tomes Tomes and Co. improperly parted

An offer has been made by the and Co, write to Koo Lam-hol and with the title deeds when they defendants which is supported by acknowledge the title deeds, stat were duly handed over to them by the concubine and her son, ing that they are forwarding them' the deceased under their agree

IDEAR

Sam's Right

GOT IT! KNOW WHAT "The Old Nad

SOOR

WILL

RELISH!

SWEET

PRICES

GOSH SAKES, SAM, NOBODY! I JUST WHO ORDERED ALL ( HAPPENED TA THINN

· "TH""

THAT WHEN 1, BOUGHT, TENDERLOIN OUR HORSE "TH" MAN'

TOLD ME HE USED TA BE A RACER,

| OOR PRICES

ON ICE

WILL KNOCK

YOU COLD

HOTHEWS

HERE

TODAY

[BOLD!

(WHATS THAT GOT

TA DO WITH TH "MEAT YOU'RE

CUTTIN' ?

I cannot help thinking that the- concubine and her son will be will-. ing to give something out of that. large estate to the old widow lady.. Liberty to both parties to apply.

By Small

IT'S FOR TH' NAG,

YOU DUMMY

SHE'S AL

STAKE

HORSE