The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-06-25
Aaiuaiialt 6azette.
WEDNESDAY, JUNE 25. 1854.
Supreme Court Of the Hawaiian Islands
In Equity.
KEEwB VS. SAMUEL PARKER, TIE HoSoKA
SUGAR Co. AND S. B. KAALNMAKA.
1pinion d CkarceIlor I'D.


Opinion Of Chancellor Jsdd.
This is a bill in equity to declare and execute
a trust. II is rs follows Your orator Ke
awe. residing at Hamukua, on the island of
Hawaii, huinbly complaining, showeth unto
your Honor that heretofore, to wit: during the
year 1852, certain persons, to wit; Napeahl.
Nohoikahili and Luhehuhe, residing at Hama
kua aforesaid, made application 10 the Hawai-
ian Government for the purchase Of certain
government land situated in Hamakua afore-
said, through one Rev l.. Lyons, residing at
Waimea on the island aforesaid, the then duly
authorized agent Of the government for Hama
kua aforesaid, it being understood and agreed
between the land agent and the applicants
aforesaid, that the title to said land was not
TO pass nor patent therefor to be delivered TO
the applicants until the whole Of tue purchase
money and fees, to wit: S72, had been paid
over by the said applicants TO the Hawaiian
Government That said applicants paid over
portion of the purchase money, but there
after, to wit: for the space Of three years or
therenbouts said applicants neglected and
failed and were unable 10 pay the balance
thereof
That thereupon the agent aforesaid informed
said applicants that unless said purchase
money was paid in forthwith that the land
aforesaid would be sold to another, to wit: to
Mokuola.
The said applicants therefore made applica-
ton to one Kaiwi, residing in Hamakua afore-
said, for the loan of money sufficient to pay
the balance then due upon said purchase
money, 10 wit: S4s, then and there promising
the said Kaiwi that in consideration of said
loan, he should DO let in as a purchaser with
them, that his name should appear in the pat
eni therefor and that his share of the land
should be in proportion to the amount of money
he had paid in; that the said kaiwi induced
and relying upon the promises aforesaid, ad-
vAnced the balance of said purchase money,
due as aforesaid, and therefore, TO wit: IN the
/ year 1856 the Patent therefor, TO wit Royal
Patent (grant) number $40 was delivered by
the government to said applicants. That in
pursuance Of said agreement said applicants
requested the land agent TO have the name Of
said Kaiwi inserted in the patent aforesaid,
but the land agent aforesaid said that it could
not be done as the patent had already been
made out.
That after the delivery of the patent as
aforesaid and in pursuance and execution Of
said agreement, the mauka portion Of the pur-
| chased land was set apart TO, and thereafter
was continuously and exclusively occupied by
the said Kaiwi, the dividing line between his
portion and that of his fellow purchasers be-
4 ing however then unascertained.
That during the year 1866 1.-TWO of the
original applicants having died intestate, 10
wit Napeahi and Nahoikahiki) and the said
Kaiwi being DESTROYS of securing his title TO
said land more fully, applied TO the survivor
| OF said applicants, to wit: TO Luheluhe and
also to one Kaiawa, son and reputed sole heir
Of the said applicant Napeahi and Nohoikahiki
elua, nephew and reputed sole heir of said
applicant Nohoikahiki, to execute a deed of
conveyance to said Kaiwi, of the land set
apart to him as aforesaid in execution of said
original agreement. That in compliance with
said request said Kaiwi's share according TO
the terms Of said original agreement, was as
certained and surveyed by one Solomon LolO,
(Which said partition, your orator alleges
was q just and equitable one in all respects)
and therefore, TO wit: August 2jth A. D. 1866
deed for the land surveyed and set apart as
aforesaid was executed and delivered by said
Luheluhe and Kaiawa and Nahoikahiki elua
to said Kaiwi, which deed is recorded in the
Registry of deeds in Honolulu on the island Of
Oahu, in book rs, page 352.
That thereafter 10 wit: on the 25th day o
August A. D. 1866, the said Kaiwi conveyed
to him as aforesaid to one Kalloohua by deco
recorded in said registry in book 20, paget
$50 and 354.
That thereafter the said Kahoohua deceased
interstate, leaving one D. W. Keliiaa of Hama
kua aforesaid, as his sole heir at law, who con.
Teyed the said land TO your orator by deco
dated April IA, A. d. 1880, and recorded il
said Registry in book rs, pages 3 and 4.
That the said Kaiwi and Kahoohua ant
d. W. Kiliiaa and your orator have successive.
ly cultivated and improved and made large ex.
penditures and built upon the land in question
and have had sole and exclusive possession
and enjoyment Of the same from said yea
1855 continuously hitherto.
That your orator is now informed and be-
lieves and so AYERS, upon information and be
lief, that the said Kaiawa and Nohoikalik
elua, who executed said deed to'Kaiwi az soil
heirs respectively of said Napeahi and Nohoi
kahiki, were not such sole heirs, but that salt
Napeahi also left as heirs at law besides sale
Kaiawa three other sons, to wit: said Noho
kahik elua, Kalio and Waioa and that tn
said Nohoikahiki left as heirs at law beside
said Nohoikahik elua the said other three
sons Of Napeahi, and a widow, to wit; Malani
knpu.
And your orator charges that Samue
Parker, s. B. Kaalawamaka Of said Hamakui
and the Honokaa Sugar Company, Il corpora
tion Incorporated under the laws of the Ha
waiiaD Islands, defendants, have severalll
succeeded TO ard now represent and claim ant
possess all the pretended rights of all Of til,
heirs Of said Napoahi and Nohoikahiki in ant
TO the land purchased by your orator as afore
said in manner following, viz: that the sale
Samuel Parker has purchased of one Kuakin
(who purchased the same of said Malanikapu
all her, the said Malanikapu's right, title ant
interest in the land purchased by your orato
as aforesaid, that the said S. B. Kaalawamak;
has purchased of said Nohoikahiki elua ant
Kaiawa and Kalio all their right, title and in.
terest therein and that the said Honokaa Suga
Company has leased and now leases the CLAIM
purchased by said S. B. Kaalawamaka a.
aforesaid and further has purchased in its owI
right from one S. P. Kane, who purchased O
said Wailoa all his, the said Wailoa's right
title and interest in the land in question
Your orator charging that all of said defend.
ants and all intervening purchasers well knew
before purchasing as aforesaid all the matters
and things herein alleged or sufficient Thereof
to charge them with notice.
And said defendants now threaten to brinl
ejectment suits against your orator for the re-
coTery Of portions of the land purchased by
your orator as aforesaid, pretending that sale
original agreement between said applicants
and said Kaiwi was invalid, of no effect and
that said deed between Luheluhe and others tc
the said Kaiwi was invalid and binding nei-
Their upon the said heirs who executed mol
those who did not execute the same.
Whereas, yonr orator charges that all of til,
said original applicants and heirs and the de-
PENDANTS and all intervening purchasers re-
ceiyed the legal title of said deceased ap.
plicants to the land in question, in trust and
for the use of your orator.
Therefore your orator prays that this Honor.
able court do declare said trust and do adiudgt
and decree that said defendants do severally
execute the same and further do execute ant
deliver good and valid deed of conveyance
Of their several interests in the premises il
question to your orator and for costs and sucl
other and further relief as to justice may APP
pertain.
And in order to the above your orator prayl
the process of this court to issue citing sale
defendants to appear and answer thi
complaint and to be bound by all proceedings
had herein.
And your orator as in duty bound will eve
pray, ETC."
think it is well proven by the evidence
that in 1852, three native Hawaiians, Napealri
Nohoikahiki and Luheluhe, negotiated will