The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-07-29

Decree dismissng bill equity
influence and misrepresentation affirmed
OPINION OF THE COURT BY FREAR j.
This is suit in equity procure the grounds of undue
influence and misrepresentation, the cancellation of deed ex
by compliments the defendant November 80
1895 Kapaama Oahu described Apana
Royal Patent 1O9 L. c. A. 518, and undivided moety
certain land at Hamalua Hawaii described in Royal Patent
$500 to Paumano
After due consideration opinion that the decree
appealed from dsmng the bill should be affirmed and we
adopt the findings of the Circuit Judge as follows:
"About prior the date of the signing of the Decd
William Habottle, of the compliments met one H. n
Boyd the told him he wished to sell the Hamaua land
dispute and requested him with him to the office
of Dr. McKbbn there ascertain what said Mcbbln
willing pay for said land Boyd did the result OF the
interview, which was held IN the presence OF ana
by Harbote being that McKbbn offered hundred dollars
land and nine hundred dollars for the Hama
kua and Paama lands jointly This offer was on Boyds ADVICE
accepted Boyd and Harbote then separated nothing
further being said between them at that time about the
1.-TWO three days prior to the goth OF November ooyo
informed defendant the fact that complainants
wished sell their land Rawlns desired to purchase and with
Boyd compliments residence to endeaVor TO erect
transfer The evidence for defendant is that at this
tion at William Harbote also present. an under
standing arrived and that the terms that com
panans convey Rawns all their Paama and Hama
kua lands and that Rawn to the twelve hundred
dollar mortgage on the land off portion of the Palama
land for compainants for life and compliments one
half remainder of the land both at falaa
.nd Hata also for life and that complanan pay
of such Ravns might make on
Paana land Complainants deny that definite agreement
was made on day think that it mmaeral whether
it was or not it, final interview compliments consented
thereto freely and without fraud practlced upon them
ut whatever said that day Boyd returned either
on the same and Rawlns request surveyed
portion Paama premises desired by the compaa
taking description thereof K Kane attorney OF this
Court, who to draw up the documents Tor ~
effect the agreement of the parties
"On the Goth of November following Rawlins, Boyd and
Kane compliments house for the purpose OF having
the deed executed attorney had advised (and his
had accepted by Rans that the agreement as
10 him. be best carried out by the execution OF TWO ooc
ment one an absolute all the land from to
defendant other instrument to be signed by nav
Inns securing compliments the various privileges above
and these papers had drawn accordingly Both complain
ants were present this interview As to what then TOOK
rely most strongly upon the evidence OF Mr. Name an ey
dnterested witness The two Instruments Whcn were III I
Hawaiian language read and carefully explained oy the
attorney to compainants 1t we'll to note on the
Of veracv that the compliments and their witness
A oil insist strongly that only document read to them
bv Mr. Kane complainant keala heaId u
tho Hamaka land objected and said that under the agree
mont that had been that land not to be ncludeo III
ba transfer Bovd replied that it hawEns pecolS
a;td with the disagreement left the and premises
avino that he would the matter to Kane and oyu Inc
latter told compliments that that the best ne coulo 90
thew knew that Mcbbin had offered only nine hunred uo
lars that they would live there and get onehait Oh the
| onts Still they objected Mr.. Kane then re-reao the
1ents explaining fully all their provisions linen 1ol
lowed conversation in low tones between the comPan
DINO which the husband said the wife, Ihs satisfactory
80 we have piece for life and have halt OF fanaka
rent for life: think better do this At the END OF TINS
both signed the deed, and, testified to by Mr.
Kane who also their Acknowledgements they do SO Ie
and voluntarily, and understanding fully the e0h VI a
;nen+s No undue influence exercised by either de-
fndant or Boyd Upon leaving the home of the eomPalnan
and while on his way the notary obtained the
o,nents of defendant and his wife to the second
instrument.
Fom all evidence further find that there was no ms
concentration else to the contents OF
the Instruments or the conditions terms of the sa or
az TO foreclosure having been advertised or being about TO
toxic Mace Companants claim that there misrepresenta-
ton on the subject the amakua rents the allegation IN the
hin being that assured them that they would have one
LIZ - n cold rents Mr. Kanes evidence shows clearly that
cnanans understood before signing that they to
ceve for only onehaf of the rents of their oneha interest
IN the land unnecessary to conne the clause relat
; - these rents in the signed by Rawlns for if
to compliments only onehaf the of their
half interest my finding is that that fully explained to
them and If on the hand it them onehaf
Of the rents of the land then compliments have received
all that they claim and have reason to complain.
complainants signed the deed under