The Hawaiian gazette., 1875-09-08
HAWAIIANGAZETTE
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
nnpreme Court--In Equity.
July Term, 1878.

KAoFuA (k) AND KALANA HIS WIFE AND EKKKElA
vsHH. RUTH KEE1IKoIANr.
On appeal from decision of Mr.. Justice JuDD
OPINION BY HARRIs. J.
By the bill it is alleged that the Plaintiffs
jointly with one Mahuia are heirs at law Of kala.
iheana o. who OF the time Of his decease was
seized and possessed of a land called Helumoa,
and was tenant in common with Her late Royal
Highness Victoria Knmamalu OF lands known as
Kanewai, Kanewai Kahala, and Pahoa, situated
at Waikiki, Oahu near the city Of Honolulu, and
the defendant in this suit is the heir by several
descents, Of the aforesaid Princess Kamamalu.
1t appears by the testimony Of Mr.. Mahelona
that for some reason or other, the late Hon. John
Ii and His Highness NJ. Kekuanaos, guardians Of
the Princess Ksmamalu claimed the whole Of the
lands in question, and in 1859, Mr.. Ii drove the
heirs OF Kalaiheana from the land Of Kanewai and
kept possession of it for his ward, and shortly
thereafter in 1859. Kslaiheana's heirs commenced
an action of ejectment in the Supreme Court but
were not successful. A reference to the record Of
the Court in that case shows that they were non
bulAeu klIGC Alultcs huu NANuNAoN OuNcf ouN ASihk
undismayed, on the arrival Of William Claude
Jones, Esq, 10 this country, they employed him,
and prepared to commence anew their action 10
1867, seven or eight years after the first proceed
ings were commenced.
They paid Mr. Jones fee of $50, aud Mr..
Jones drew up bill of complaint which he sub
mitted to Mr. A. j. Lawrence then recently ar.
rived IN this country, and who had been engaged
by Mr.. Jones to assist him in the matter. The
bill goes on to allege that Lawrence after being
engaged by Mr.. Jones, falsely represented to the
plaintiffs, that Mr.. Jones was in the interest of
their adversaries and desired them to employ him
Qawrence) By the bill, however, it does not
appear that they took Lawrence at his word, but
went to Mr.. Jones who told them that they must
give him share Of their lands or he would no
longer act for them, and thereupon they paid
Lawrence a fee OF $50, and employed him, being as
they say in their bill, impOrtuned thereto by Law
renee.
The bill goes on to alege that Lawrence caused
power Of Attorney to be drawn up 10 the Eng,
lish language as follows:
Know oil men by these presents, that We
Kalama, Kaopua and Nahua Of Honolulu, Oahu,
Hawaiian Islands, heirs Of Kalaheana, deceased,
have constituted and appointed and by these
presents do constitute and appoint Andrew J.
Lawrence Of Honolulu, Oahu, Hawaiian Islands.
our true and lawful attorney in fact for u.s. and in
our names to sue for, recover take possession OF,
compromise, dispose OF, or sell and convey all our
rights titles, and interests in the lands Of Kane
wal, Kanewai- Kahala, Pahoa and Helumoa ; and
our said attorney is authorized to sell and convey
by way Of compromise, or otherwise, all or any
portion of our rights titles and interests in any
or all Of said lands, at sRch prices, and on such
terms as he may think best; to receive and re-
ceipt for all sums Of money received for the same
and for in and in our names. 10 make such deeds
of conveyance to the purchaser, or purchasers
thereof, as may be necessary and proper to con-
vey our interests therein, and to do all and every
act which may be necessary to carry into effect
the powers and authority herein granted to him.
And we hereby promise aud agree to ratiGy all
the acts of our said attorney done in the premi.
ses. And we hereby revoke all powers and au-
thority heretofore given TO any other person or
persons to act for Us in relation to the lands
and the power and authority hereby
given to our said attorney is irrevocable by US
until the objects for which it is given shall have
been accomplished by him.
In witness whereof, we have hereuuto set our
hands and seals this 10th day Of December, 1861 |