The Hawaiian gazette., 1889-05-14

i
have the money to pay for it, but said
he would i'll one week; but Meekapu
refused to deliver the coat until the
SIC was paid that defendant kaau-
kai was present and offered to loan
the money to plaintiff if he would
give security upon his land, which he
tplaintitf) agreed to do; that deed
of the land was drawn up, the con-
sideration named being $50; that said
deed was absolute III form, but was
intended merely to be mortgage to
secure the repayment of the said $50
so loaned by defendant; that deed was
made to defendant, J. G. Kaaukai,
wife of said 5. NJ. Kaaukai, and was
duly executed and acknowledged by
the plaintiff.
That when the said deed was exc
cuted, defendant Kaaukai said to
plaintiff that when said $50 was paid
to him he would deliver up said deed,
and reconvey the land to plaintiff.
| That shortly after the execution and
delivery of said deed, plaintiff ten
! dered to kaaukai the said sum of so,
and requested him to return the deed
and re-conYey the said premises to
| him in accordance with the agree
ment between them. That kaaukai
| refused to receive the $50, or to sur
render the deed, or 10 reconvey the
| said land, or cause the same to be
| done, but told the plaintiff that he
! had no land, as he \kaaukai) had sold
| the land to the defendant Mana, and
| given him a deed of it. That shortly
after plaintiff went to defendant Mama
and rendered him the said $50; but he,
| Mana, refused to receive the money
or return the aforementioned deed, or
| to reconvey the land to plaintiff.
| That the plaintiff is informed that
| kaaukai held the said deed to Mama
as security for the payment of Il large
part of the purchase money. That at
time of purchase, and of execution of
| deed from kaaukai to Mana, Mana
had full knowledge of the fact that
deed from plaintiff to kaaukai was by
way OF mortgage, and that he had
sufficient knowledge and information
OF the fact to put him on his inquiry.
That the premises conveyed by plain
| tiff to Kaaukai are of the value of
$500. And that said consideration of
$50 is wholly inadequate for the said
premises.
And plaintiff prays that the deed to
Kaaukai be declared mortgage for
the security of the payment of the
| $50, and that the Court will ascertain
and declare the sum due upon such
security. That the said deed may be
! ordered to be delivered up and can
celled upon the payment of the money
due hereunder. That the said deed
to Mana may be delivered up and
cancelled, and said Mana ordered to
convey said land to plaintiff
The answer of 5. NJ. kaaukai and
j. C. Kaaukai, his wife, sets forth
That plaintiff asked him, Kaaukai, to
give him money for the purpose of
paying Meekapu for the coat; that
they talked about plaintiff selling
some cows and calves, also some land,
and finally plaintiff offered to sell the
land in question; that it is not true
that he, Kaaukai, agreed to let plain
tiff have the money he wanted by
way of mortgage, but that the money
was paid and given because plaintiff
promised to sell the land; that deed
was made between the plaintiff and
defendant for $50 in the shop of Nee
kapu, and there read to plaintiff and
handed to him, and he (plaintiff')
approved of said deed; that said deed
was absolute in form, and was not
intended as mortgage to secure pay
ment of $40; that the deed was duly
executed and acknowledged; that he,
Kaaukai, told plaintiff that if he was
going to sell the land he would inform
him, so he might have a chance to
buy the land back again; and that
before the deed to Mana was made, !
plaintiff was informed by defendant |
that he wanted to sell the land, and |
sent word to plaintiff to come and |
purchase said land if he wanted it, |
but that plaintiff did not come in |
time, and that j. c.. Kaaukai and S. |
NJ. Kaaukai made deed to defendant |
Mana; that after deed was made to |
Mana plaintiff did come to Kaaukai |
about the land, but did not offer him
the $50, but merely said he was ready |
with 500, and if defendant s. NJ. |
kaaukai would accept it he would |
buy the land back again. That ii is
true said land had been sold to Mana |
as stated in the complaint, and Kaau-
kaI AYERS that he informed plaintiff |
that the land had been sold to Mana !
for $3.50, and that 500 had been paid
and that $50 was still due, and that |
he, kaaukai, still held the deed of
said land until balance was paid;
and that he advised the plaintiff to 90
and see Mana, and if Mana was will
ling to accept the 500, then the land
could be sold to him again.
The answer of Mana, one of the de-
PENDANTS, sets forth: That he did re-
ceive deed from Kaaukai and wife for
said land that it is true that plaintiff
came to him, but that he did not offer
$50 as stated in complaint, but said
he had heard from Kaaukai that the
land had been sold to defendant
(Mana), and so he had come to pay
him $50 for the land. That Mana
informed him he had paid $50 for it,
that 500 had been paid, and that
there was $50 still due, which was to
be paid in February, 1886; and that
if plaintiff paid him 800 and 81
for acknowledgements, and made ar
with Kaaukai about the
$50 still due, that he, Mana, would
sell the land to plaintiff. That plain
tiff said he would think over the
that from that time he has
not seen the plaintiff. That said $50
has been paid to Kaaukai that
plaintiff has not paid defendant the
500; that he denies that Kaaukai
had the deed to Mana as security
for payment of part of the purchase
price. That at time deed was made,
and before that time that no