The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-12-17
SUPREME COURT.
EQUITY INTERNATIONALLY CHANnERs. BEFoRE
Ma SCsTIcE McCULLY, SITTING A.
FICE-CHkScELLoE.
49,. D.. Ia. Iss1.

NA ~ ~ %
Robt. II. Baker. Guardian Of Abraham Hyatt
V. James j. Dowsett. Mr. HartweI for the
petitioner, Mr.. +. Preston for defendant Abra-
ham Hyatt being Of unsOund mind. Mr.. Baker
vs. on ltth June last, appointed his guardian.
On investigating Hyatt's Affairs he found that
the lee simple Of the land. about three acres. AZ
faWaa, on which Hyatt had been living since
1870, had been conveyed by him some ten wears
ago 20 Sir- Dowsett, and the present bill was Ill
ed 10 obtain cancellation Of the CONVEYANCE.
The grounds on which this was claimed were
~ that az the date q the CONVEYANCE Sent gDth
ISL, Hyatt was already Of unsOund mind. and
unable TO transact his own business; ~ that no
consideration was gwen for the land; (3J that
the agent, VIM Pghukula Stevenson. who pre-
scented the deed % Hyatt, obtained his SIGNATURE
To II by misrepresentation, and did not read or
eAPtNh ~ 70 him. (4l that Hyatt had continued
To 1--we on and have the use Of the land ever since:
and (bl that the consideration alleged in the
deed 5000, was wholly inadequate. The de-
PENDANT. In his answer. denies that HYATT Was Of
unsound mind when the conveyance "a. given
and recites that IN 1850 Hyatt's father mortgaged
the land % him % secure SisO and interest. that
IN 1911 no applied tO Abraham Hyatt This father
being dead) 10 pay the mortgage debt. which
then exceeded $500, and a. he could not he pro-
ceeded % tOreclOse the mortgage. but IL being
ascertained that the land could not fetched IN
money, he agreed with Hyatt % take a convey
ance Of the land I'M satisfaction. Defendant Sc
knowiedged that he had let Hyatt reside on the
land until about n year ago, when he elected him
by 4 suit in the Police Court.
AT the hearing, evidence as 10 the state Of Hy-
ats faculties in 1870 was given by Nainoa, who
had known him while on a visit TO Kauai in that
year as a Mormon Missionary, and afterwards nj
Laie where Hyatt resided for six months after
his return from Kauai. Hyatt had then an inco-
herency Of speech, and appeared 10 witness to
De mentally weak. Meliana, Hyatt's wife till
divorced IN August last-deposed that when he
returned from Laie he spoke nationally about
some things but not so about others. She re-
membered being fetched by her husband and
signing a deed along with him about a month
alter she had ceased TO live with him. Palm
kula was present. Mr.. DOwsett was the next
witness called. and said that after Mr.. Jones
told him the land would not fetch the amount
due to him, he engaged Mr.. Judd to draw the
deed now questioned He had asked both Mr..
Jones and Hyatt 30 find a purchaser for the land.
fahukuia was employed by Hyatt, to whom he,
witness, gave the deed TO get it signed.
For the defence Mr. Dowsett was further ex-
amined, and said that besides advancing the
sum OF $3.50 named in the mortgage, he had put
mp a ho1se for George Hyatt at a cost Of about
Sl5O. Further, in 1870, when he sent for Abra-
ham Hyatt about the mortgage debt, the latter
pursuaded him 10 fence the land for him. saving
he could make some money from the grass, and
50 pay the interest He had once brought
$1,000 IN this way, but no more. He would
never have put Abraham of the place, but had
To bring IN ejectment suit on account Of his
allowing an Objectionable lot Of people to live
ON the land He denied that Hyatt was Of un-
sound mind in 1871. He had known him since
1913. Incl and for about SIX years after he
was known rs an athlete, and made n living by
giving boxing lessons.
His Honor gave his decision ez ore. saving
that he did not feel that further reflection would
alter his views. II had not been shown, and
from has own knowledge he did not think, that
the consideration named in the deed was made
quate at the time IL was executed. The evidence
a. to the state Of Hyatt's mind in 1871 was con-
hieting, and the strongest for the petitioner was
not Of \ character 10 overthrow a solemn deed
signed by both husband and wife, both of whom
appeared before the Registrar and acknowledged
their signatures TO him, when they took the deed
10 be registered. The petition would be refused
with costs to the defendant