The Hawaiian gazette., 1884-10-15
Supreme Court of the Hawaiian Islands
at Cham bers. In EQUITY,
PUUHEANA, (w.) vs.. L1o, (k.) Nh. & Mrs
W. r. CASTLE, q r. LEVERS.
opiaioa Of cAaHosHor Judd.


This is bill in Equity to annul, on the
ground Of fraud, deed of conveyance dated
The 9Th of September, 1879, of a piece of land
at Waikiki, Oahu, held under R. P. No. 1912.
The position is taken on the part of the
plaintiff That she intended to make deed o.
her land to Makaluhi and Kapule, but her at
torney 5. W. Mahelona. who drew the deed
frauduieutly inserted the name Of Lilo the hus-
band Of Makaluhi in place of that of Kapule
SO that the deed was made to Makaluhi and
Lilo, and this the plaintiff was first made awar,
Of when the deed was read to her after certain
proceedings in Probate Court on February
10th, 1888.
The witnesses on behalf Of plaintiff were
Puuheans herself, and Beke and Mikala her
neices. These three persons swear that they
with Lilo and Makaluhi left Waikiki on the 6ti
Sept. 1879, and went TO Mahelona's house and
requested him to make the deed to Kapule and
Makaluhi; that be assented and commenced q
write when Lilo went close to Mahelona and
whispered something TO him. When the deed
was completed Mahelona read it aloud and
read the names Of Kapule and Makaluhi as
the grantees. They say the consideration was
one dollar (Sl.O0) and that the grantees were
to support Puuheana during her life. They
also say that the party went to the Registrars
office and there Mr.. Brown wrote PuuheaDa's
name at her request and took her acknow-
ledgmeut
hapule who was nephew of Puuheaua is
dead. Makaluhi wto was niece of Puuheapa
is also dead
Lilo and Mahelona both testify that he with
Puuheana and Makaluhi went to Mahelona's
on the 9Th Of September, and that at Puube-
ana's request be made the deed to Makaluhi
and Lilo, that he paid the purchase money SI2o
IN cash e Puuheana, that she signed the deed
al Mahelona's house, he writing her name.
They both say that neither Beke nor Mikala
were present. The name Of Puuheana in ex-
ecntion Ct the deed is evidently in the hand
writing OF Mr. Maize Iona and not of Mr.. Brown.
The deed bears date the 9Th Of September, and
not the 9th. The driver Molulehua testifes
that ne brought oily PuIheana, Makaluhi and
Lio to Mahelona's and did not see Beke or
Mikala there; but lad, Keola, says that he
drove Beke and Mikala to town and they got
out near the corner Of Nuuanu and Beretania
street and walked thence towards Mahelopa's
house where kioula and Kamakauwila SAY
they saw them and that they proceeded to-
wards Mahelona's house on foot.
Ii IS IN evidence from the testimony Of six
other witness that shortly subsequent 10 this
date, Puuheana stated 10 them that she had
sold the land to Makaluhi and Lilo.
Mr.. W. r. Castle an attorney of this Cour.
testiiies that he had bought a kuleana in a
corner Of the land in dispute and, wishing TO
extend his lot, asked Of whom be should en-
quire aboutlt and he was directed to Puuheana.
lie repeated his question 10 her that be de-
sired to buy The land, and she said: 81 have
no interest IN this land, It is sold to Makaluhi
and Lilo"
There was also evidence to show that Lilo,
after tie dale Of the deed, collected rents Of
several persons who had houses upon the land
and that kapule made no claim TO The land.
though the complainant says Kapuei collected
some rents which be shared With her.