The Hawaiian gazette., 1875-09-08
Interpreter and Government


and Nahua, the persons who executed the same.
WILLIAM p. RAGsDALE.
Interpreter and Government Translator.
Register Office, Oahu, ss On this goth day
Of December, A. d. 1867, personally appeared
before me Kaopua and his wife Kalama and Ma
hua, parties TO the foregoing instrument, who sew
orally acknowledged that they had executed the
same for the and purposes therein set forth :;
and the said Kalama on private examination
seperate and apart from her husband, declared
that she had executed the same of her own free
will without cumpulsion, fear or constraint from
her said husband. THOMAS BYowN,
Registrar of Conveyances."
Which they signed, under the impression that it
was merely power to Lawrence to recover their
lands in court. That soon after, J. d. Halai,
who as clerk to Lawrence had written out the
power Of attorney told them that Lawrence had
sold their lands by virtue of the authority of that
paper that they Immediately complained to Gov
ernor Dominis, one Of the administrators Of the
estate of NJ. Kekusnaoa who was heir of his
daughter Princess Kamamalu, and to several 9TH
ers, saying that they had not intended to sell the
land, and had never signed the power of attorney
with knowledge Of its contents and the bill goes
on to aver that as they are informed and believe
the said Lawrence was engaged by the admins
traitor Of Kekuanaoas estate to act in the prem
ises against the interest of these plaintiffs and was
retained to act in that behalf and the plaintiffs
aver that the conveyance made under and by au.
thoty Of the said power OF attorney is false frau
dulent and void and pray that said pretended con-
veyauce may be ordered to be delivered up to
them to be Cancelled.
Theanswer sets fOrthin general terms that there
wns no fraud on the part of the purchasers Of this
property that the plaintiffs well knew that Law
renee had authority to sell their lands; that the
sum Of one thousand dollars was paid for the said
lands viz, $3.50 for the lands held Jointly with
Kamanafu. and $3.50 for Hslumoa, 5000 being
kept back for one Of the heirs who had not signed
the power of attorney, making in all $1,000 for
the interest Of the heirs OF Kalaiheana in the sew
eral lands, and that these plaintiffs subsequently
signed an order for $3.50. to be taken out of the
proceeds of the sale Of the land in question.
The question in this case is not whether Mr..
Lawrence acted with entire good faith towards
his clients, but whether the purchasers acted in
good faith, or in fraudulent COLLISION with Law.
renee. Hence the allegation that plaintiffs are
Informed and believe that Lawrence was engaged
by the administrator Of the Princess KamamaIu's
estate Governor Dominis) to act in the premises
against their interest and was retained to act in
their behalf is most important. for il that aver
meut could be proved. it would make lawrence
the DEFENDANTS agent and show that he was act
ing for both without the knowledge OF his pro-
fessed clients which would be IN fraud Of them,
and that frand would necessarily be known, under
the circumstances to those setting for the persons
whom this defendant now represent. But there
is not only no evidence to show the truth Of this