The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-04-23

OPINION OF THE COURT BY PAUL NEUMANN,
ESQ.
In. this cause a bill in equity was
filed by plaintiff substantially as fol-
lows:
"Your oratrix Kapiolani, Queen
Dowager, of Honolulu, Oahu, respect
fully represents that she is the
widow of His late Majesty Kalakaua,
and sole devisee under his will duly
admitted to probate of all of the real
and personal property left by him.
That she now is and ever since the
peaceable possession of such real
property.
''That S. w. Mahelona of Homo
lulu, Oahu, defendant, has in his
possession certain writing purport-
ing to be signed by said Kalakaua,
and purporting to be conveyance
from said Kalakaua to said Mahelona
for the alleged consideration Of five
thousand dollars of certain parcels
of land, to wit: One-third of the
rice land aid kula of Kaiwiula,
Mokauea, Kalihi, Oahu, and the fish
cry Aniani, being the North side of
Ap. 1 r. p. $3.50 and the apana Of
Kawaiholo.
"The kula makai of said rice land
and the fish pond Alinoho and Auiki.
"One half of the fishery of Kappa
kahuki and of Honuku adjoining
Kaliawas
"That said document is dated Nov
ember 18th, 1890 and is recorded in
the Haw. Registry of Deeds IN Lib.
136 fol- 214
''That said document was acknowl
edged by said Kalakaua. That since
the death of said Kalakaua, to wit on
the 4th day of June, 1892, said de-
PENDANT by an er paTte proceeding
procured a certificate of execution to
be annexed to said document and has
caused the same to be recorded in
the Registry OF Deeds and has assert
ed title under the same and
has interfered with the tenants who
are in possession OF said premises
under your oratrix and threatens to
dispossess them.
''That as your oratrix Is informed
and believes and so alleges upon in
formation and belief said alleged
that the alleged signature thereto is
not the signature of said Kalakaua;
that said writing is not the deed of
said Kalakaua; that said Kalakaua
did not sell any of the land named in
said writing to said defendant and
did not receive the consideration
named in said writing nor any con
sideration from the defendant; all of
which the defendant we'll knew.
''That the possession of said forged
and fraudulent deed by the defend
ant constitutes cloud upon the
title of your oratrix; that your ora
trix fears that defendant will here
after set up said deed after witnesses
who can disprove the same shall have
died and that defendant may destroy
said deed and rely merely on the re-
cord thereof and that he may make
conveyances to others not having
notice Of the fraudulent character of
said deed.
Wherefore your Orstrix prays:
That said defendant may be sum-
moned to appear at the time and
place to be fixed by Your Honor to
answer this complaint.
''That said defendant may be COM
manded to produce said alleged deed
in Court and that the same may be
cancelled. That said defendant and
his agents, attorneys and servants
may be epjoined and restrained from
inter fering with the possession of
the complainant or her tenants of
any of the premises named in said
alleged deed during the tendency Of
this suit and from alleging any title
under said alleged deed and from
conveying any title under or by
virtue of the same; and from destroy
ing said alleged deed or defacing the
signature to the same and that upon
the hearing of this bill Of complaint |
said Injunction may be made perpet-
ual.
"For costs and such other and
further relief as may be just"
A decree was made and filed by |
Cooper, Circuit Judge, on Septem-
Der list, 1894, granting the relief |
prayed for in the bill.
The issue presented raises merely |
a question OF fact: Was the deed of !
conveyance claimed by defendant to |
have been executed by His late |
Majesty King Kalakaua, genuine or
not?
This deed purports to have been
executed on the 18th day of Novem- |
Der, 1890, and it is in the testimony,
that the act of signing by the King |
and the subscribing Witnesses took |
place between the hours of 9 and IL |
O'Clock a. m, of that day in the Kings |
boat house at the foot of Punchbowl |
street, the whole business transaction |
taking up abont one and one-half |
hours.