The Hawaiian gazette., 1884-06-25
Baluaiiall 6azettE,
suurrns Court Of the Hawaiian Islands
In Equity.
KrSwF vs. SAMUEL PkRXKR, THK HoNoKAA
sr-oaH Co. ANr 5. b. MAILMAN.


. trust nisns follows. Your orator ke-
aus. residing II Hzmukua, on the island Of
Hawaii, humbly complaining. showeth unio
rcur Honor that heretofors, to Wit during the
wear 1889. certain persons. 70 wit Napoali.
Nohoikahiki and Luhehuhr, residing at Hama
kuA aforesaid, made application to the Hawai-
ian Government fer the purchase 81 certain
government land situated in Hamakua atore-
said, through one Rev l.. Lyons, residing al
wairpea On the leland aforesaid, the then duly
authorized agent Of the government Tor Hama
kua aforesaid, 1t being understood and agreed
between the land agent aud the applicants
aforesaid, that the title to said land was moi
70 PASS nor patent therefor TO he delivered TO
the applicants until the whole Of the purchase
money and fees, to wit So, had been paid
over hy the said applicants 10 the Hawaiian
Government That said applicants paid over
a portion Of the purchase money, hut 'herc-
after, to wit for The space Of three years OF
thereabouts said applicants neglected and
failed and were unable 10 pay the balance
thereof.
Thai tbereupon the agent aforesaid informed
..;5 applioapts that unless said purchase
money was paid in forthwith that the land
aforesaid would he sold to another, to wit; TO
Nokuola,
ton to one kaiwi, residing IN Hamakua aforc-
said, for the loan Of money sufficient to pay
the balance then due upou said purchase
money, 10 wit. Sis, then and thcrU promising
the said Kaiwi that in consideration Of said
loan, Ne shoGld be let in as purchaser with
them, that bis name should appear IN tine pat
cni therefor and that his share Of the land
should he in proportion 10 the amount Of money
he had paid IN: that the said halwl induced
and relyinr upon tie promises Aforesaid, al
vanced the balance Of said purchase money,
due az Aforesaid, and Therefore, TO VII: N the
wear 1855 the Patent therefor, TO Wit Royal
Patent lerant) number 9i0 was delivered II,
The government to said applicants. That IN
pursnance Of said agreement sad applicants
requested the land agent 10 have the name q
said Kaivi 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 msukA portion Of the pur-
chased land WAS set apart 10, and thereafter
was continuously and exclusively occupied by
the said Kniwi, the dividing line between his
portion ADd that Of his fellow purchasers he
ine however then unasoeriaiued.
That during the year 1885 tive Of The
Original applicants having died Iuiesiaie, 10
vii: Napeahi and Nah0ikahikil and the said
Kniwi being desirous Of securing his title 70
said land more fully, applied to the survivor
OF said applicants, 10 wit: 10 LGheluhe and
also to une kaiAvs, son ard rePutod sole heir
Of the said applicant NaPeAhi and Nohoikahikl
elua, nephew and reputed sole heir Of said
applicant Nohoikahiki, 10 execute deed Of
conveyance to said kaiwi, Of the land set
apart to him rs aforesaid in execution Of said
original agreement. That In compliance with
said request said kaivi's share according q
the terms Of said original agreement, was as
csTiAiDed and surveyed by one Solomon Lolo,
(which said partition, your orator alleges,
was just and equitable one IN all respects
and therefore, 10 wit August 18th A. d. i SEQ,
deed for the land surveyed and set apart as
aforesaid was executed and delivered by said
Luheluhe and kAiavA and Nahoikahiki elua
10 said Kaivi, which deed is recorded IN The
Registry Of deeds in Honolulu on the island Of
Oahu, in book IS, page $50.
That thereafter to wit: on the e5ib day Of
August A. n 1856, the said kaiwi conveyed
10 him as aforesaid 10 one hahoolua by deed
recorded in said registry in book 3, pages
SIS and 3S4.
That thereafter the said Kahoohua deceased
interstate, leaving one n. ". keliiaa Of Hama
ku. aforesaid, as his sole heir al law, who con.
veyed the said land 10 your orator by deed
dated April IA, A. n. lss0, and recorded II
said Registry IN book IS, pages } and &
That the said haiwi and habochua and
u. " kiliiaA and your orator have successive
IL cultivated and improved and made large e1-
peaditures and built upon the land in question
and have bad sole and exclusive possession
and euioymeut Of the sane frnm said yeal
1855 continuously hitherto.
That vuur orator Is now informed and BE-
heves and 80 averE, upon information and be
lief, that the said hGiAUa and NOhulkahlk
eliza, who executed said deed to'haiwi &C solo
heirs respectively Of said Nspeahi and Nohoi.
kahiki, were not such sole heirs. hut iha. saiC
NspeAhi alsu LEFT aS heirs al Law besides sane
haiavA three other sons, 70 wit said Nohoi.
kahih eliza. KAlio and Wsiloa and that th'
said Nehoikahiki left as heirs al law besides
said Noboikahiki elua the said other thres
sons Of NSPeahi, and widow. to VII Nalani'
kspn.
And your orator charges that Samue
Parker, $. b KAalawamaKa q said Hamakus
and The HonokAa Sugar Company. 4 corpora
tion incorporated under the laws Ct the Ha-
vAiiau Islsnds, defendants, have severally
succeeded 10 ard DOW represent and claim and
pousess all the pretended rights q al q ibs
helm Of said NaPeahi and Noholkahlki IN and
70 the land purchased by your crater as aiore.
said in manner following, VIZ: that the sal-
Samuel Parker has purchased q one huakinl
Cvho purchased the same Of said Naiaulkapu
all her, the said Nalanikapus night. tile and
interest in the land purchased by yuuE orator
as Aforesaid. that the said 5. B haalawarsaka
has purchased Of said Nohoikahikl ciua and
Ksisua and Kalio all their right, tile and 10
teresi therein and that the SAID Honokaa sugar
COMPANY has leased and nov leases the claim
purchased BY said 5. B. kaalawauaka as
aforesaid and further has purchased II It's 0Wu
nrht from one S. P. Kane. who purchased Of
said WSiloa all his, the said Walioa's night,
title and interest in the land in question.
Your orator charging that all Of said defend-
ants and al intervening purchasers well knew
hsfore purchasing as aforesaid al The matters
and things herein alleged OF sufhcien; thereof
to charge then with notice
And said defendants now threaten 70 bring
eiectneui suits against your orator ior The re-
corery Of portions q the land purchased by
your orator as aforesaid, pretending that said
original agreement between said applicants
and said KaiWi was invalid, Of no effect and
tha. said deed between Luhelube and others 10
the said Ksiwi was invalid and binding nei-
ther upon the said heirs who executed nor
those who did not execute the sane
Whereas, yonr orator charges that all Of the
said original applicants and htirs and The de-
PENDANTS and al intervening purchasers re-
ceived the legal title Of said deceased ap-
plicanis 70 the land in question, in trust and
for the use q your orator.
Therefore ycur orator prays that tins Houor-
able court do declare said trusi and 90 adjud-e
and decree that said defendants Do severaliy
execute the sane and further do execute and
deliver god and valid deed Of conveyance
Of their several interests 10 the premises IN
question 70 your orator and for costs and such
ether and further relief as 70 justice may aP-
pertain.
And ir crder to the Gbsve your orator pays
the process Of this court 10 issue citing said
defendants to appear and answer this
complaint and 70 be bound by al proceedings
had berein.
And your orator as in duty bsund S-ilI ever
pray, etc"
think it Is well proven BY lie ers5o1os
that in 1852, three native Hswaiians, Nspeahi,
NoboikAhik and Lubelubs, negotiated with
the land agent q the goverumsat, Rev L
Lyons fer the Purchase, 81 the nate Of Si.ot
per acre, Of a piece Of land at Ahualoa, Hama
kua, HAuAii, consisting Of aboUi &C acrss
Royal patent was made cut accordingly,