Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1862-08-02
HONOLULU, AUGUST 2, 1862.
Ghe polplresian.
SUPREME COURT-In Equity.
ISAAC MONTGOMERY rs DANIEL MONTGOMERY

ALLEN ueilVeTeu MS UeClSlOn IOllOWS
This is suit IN equity, IN which the complainant
AYERS that NJ. Kekauonoh executed and delivered q
deed Of conveyance to him, of tract of land called
Puuloa, on the 18th of September lS49 and that,
18th day of the month"; he caused to be indorsed
on the said instrument the following
For and in consideration eight
lars hand, paid by Charles Vincent, of Honolulu
Oahu, Islands. the receipt whereof hereby
Charles VI. Vincent, all my right
tie interest and estate Of in and to the within described
administrators and assigns forever.
In witness whereof have hereuno set hand and SEAL this
(signed) ISAAC MONTGOMERY.
In presence of FRANK MANrNr, J. o. CARTER.
The registry of the deed and the assignment bear
date the 4th dag of November, 1854
He further AYERS that the said Vincent never paid
him the consideration alleged but held the estate in
trust for the and benefit of the complainant receiv
ing for his said trust and management one-hird part
of the profits of the estate.
1t is further alleged in the bill, that the stock aud
furniture purchased by the complainant, by
his funds and further, that the estate mortgaged
by said Vincent to b. +. Angel, for the of five
thousand dollars, and that the money arising there
from received by the complainant and said VIM
cent and that the latter gave his for the
he had received to the respondent who, the Goth Of
July, sued said note and received judg gment thereon
and further, that said mortgage paid by raising
money the estate.
The complainant further alleges that the respondent
his brother, induced to to this country by
him, that he paid his passage hther, and that he
rived here the 18th of February, 1867 in very des
titute circumstances and that the 10th of June Of
the year, said Vincent, by the request of
painant, executed deed TO the said respondent, of
said estate. for and in consideration of $4,000 feen
thousand dOllars) and he further that the
sideration was nominal, that money was paid to
Vincent by respondent, that he at the time without
MEANS credit. and that the object of the deed
that the might be held by him for the benefit of
the cOmnlainant who Sav that there was verbal
agreement with his brother that he should draw from
the receipts of the property one hundred dollars per
month and that at the end Of each year. the repOn-
dent should receive for his services Onethird of the
profits of the business and the complainant two-thirds
and that the one hundred dollars per month was to
accounted for final settlements that the respondent
continued to pay him money, but settlement has
been made but of late he refuses pay him anything
and denies that complainant has any interest in the
tate and the complainant further alleges that 1t was
expressly understood and agreed, that when he might
desire it, the said estate to be conveyed to him,
to whOmsoever he might direct that he has made
peaed efforts for a settlement, bet without
that the respondent has offered only to give his
secured the estate for ten thousand dollars payable
in seven years, which he regards wholly inadmssi
be the estate him fifty thousand dollars besides
many years of toll and care, since 1872
Wherefore. the complainant prays that said respon-
dent may be summoned to answer, and render
count of the dealings and transactions apperaining to
the PuulOa Salt Works. from the 18th of June, 1856,
till the day of filing the account that the amount due
complainant may be ascertaned, and that respondent
may be decreed to pay the and also to bling into
Court all the books and papers and accounts apper-
tanning the estate, and that he be ordered convey
the estate to complainant.
The complainant further AYERS, that said respondent
is carrying away and selling the salt produced on the
estate and that he is intending to ALLEVIATE the pro-
perty the estate, the injury of complainant and
he further prays that said respondent may be enjoued
not to sell dispose of the said land any part there
of to sell any of the stock other property there
and that respondent may be ordered to deliver up
to complainant the estate and other property.
The respondent, in his answer, admits that NJ. Ke-
kauonoh did execute and deliver a deed of Puuoa to
the complainant and that he transferred the by
certain instrument made on said deed, to Charles w.
Vincent and that the registry made the 4th of
November, 1854, as alleged
The respondent further says that he a resident
in England at the time of the date of said Decd and
has personal knowledge of the facts circumstances
attending the said transaction of the consideration
paid by the said Vincent for said property but is cred
IDLY informed and verify believes, that the considera-
ton of eight thousand dollars, specified in said deed
was paid to complainant by said Vincent and especi-
ally is he confirmed in this belief, from the fact that
the complainant has intimated that said consd-
GRAFTON money had not been paid him.
defendant further answering saith he has no per-
sonal knowledge whether the complainant, as in bill
alleged, continued until the 2lst June, 1856, enjoy
large any portion of the proceeds Of the said
tate, whether the same, If true, was, not
cording agreement in bill alleged, between the
complainant and the said c. w. Vincent; or whether
the said Vincent in fact held the estate in trust for the
use or benefit of the complainant, in bill alleged or
whether said writing was made for the purpose Of
abing the said Vincent manage the said estate
efectually for the benefit of the complainant ;
or whether the said Vincent received for his alleged
management One-third any other. what part Of
the proceeds of the said estate but saith this defendant
is crediby informed and verify believes and therefore
avers that all the said above mentioned statements
and allegations without any found ton in fact, and
alleged by the complainant, in any of the
intercourse between them, since defendant arrived in
this kingdom
The respondent further that he does not know
whether the furniture furnished by the complain
ant, with his funds, but believes that it the
property said Vincent, for the that complain
ant never made any claim for it; that the stock Of
cattle sold by the express order of the complain
ant at auction, for the purpose Of raising money to
pay costs and expenses of prosecution, which had
been pending against him !; and that the respondent
purchased the same and paid the money for the pur
poses aforesaid.
The respondent admits the mortgage of Vincent to
Angel and believes it have been made by him as the
sole and bona 6de proprietor of said estate but denies
that Vincent gave him his note for any part of said
loan, but that the which the respondent OBJ
taned judgment against him was for an entirely differ
ent consideration, and wholly unconnected from the
Puuloa estate
The respondent further says that the mortgage re-
ferred to in the bil to Angel paid by his note and
mortgage to said Angel He admits that he came to
this country at the intimaton Of complainant but de-
nies that he in destitute circumstances. for he
skilled in the art of ship building, well having
general business qualifications and with sufficient
means at his command to establish himself indepen
IDENTIFY of his patronage and he further says that he
does not know whether said deed from Vincent was
executed at the request of complainant but denies that
the sum of fifteen thousand dollars, stated,
sideration in said deed, merely nominal but states
that the price at which he purchased the estate
of said Vincent, who sold him the time,
cured by his negotiable notes and mortgage of the
tate and he denies further that the intent and object
of the conveyance that he should hold the estate for
the and benefit of the complainant, for the pur
pose of enabling himself to manage with acili
ty, for the use and benefit of complainant.