The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-10-26

void and ordering The unconadicted facts
The plaintiff Eliza daughter John Meek and
kaheelui born the 22d OF july 1870 and became of
the legal eighteen the 22d of July 1898 Eliza
defendant home in when she about nine years old
and continued live until her marriage October 30 1896.
On the 18th December 1886, John Meek and wife ELIAS
paren executed mortgage land OF his on Fort street and
il Wakane kooaupoko, Oahu, defendant Houghtaing for
S1,1oo, bear interest at 1870 per annum On the 18th
December days after the mortgage John Meek
ecuted deed his daughter Eliza of the morgage estate
land in Waikane Royal Patent No 1S and land Fort street,
Royal Patent No. 1634 and the day Houshang
appointed guardian of the person and property of Eliza
The guardian filed accounts various the last being
period ending December 1890 showing the principal
of the S100 to be still due and S5603 for interest
the date of hearing of the account January IS 1891 The
guardian had obtained license from the Probate Court sell
the Wakane land pay off the but for that
do appear the land not sold.
By deed of VIM. Hodge, Eliza also entitled to
piece land King street. Honolulu Royal
No. 1885, the life tenant Webster having died in 1888 In
January 1891 Houghtaing obtained leave of the Probate
Court raise $4,000 mortgage with interest at fo per
the three pieces of his wards land in order pay off
the himself of and to exend the balance
$9396 in the erection of cottages onte Pawaa land expect
ing increase the prducvene of the estate thereby and clear
of debt These expectations have not been fulfilled The
guardian ordered report his proceedings the Probate
Court he neglected do this The mortgage executed
to Mrs A. c. HOWE on January 2S 1891 and interest paid
thereon for three years when became On the
gagees agent pressing Houghtang for interest he being
funds the 10th July 1885, paid off the mortgage then
amounting 81 and took assignment of to himself
The ward had then been of legal for about but he
did consult her about the transaction On the wards coming
he did present his final the Probate Court
approval has he has he been discharged
guardian In June, 1896, oughaling employed convey
deed of all the wards property himself in
consideration of 81 and other good valuable considerations
her hereunto moving She for, Houghtai
ngs residence signed the deed and her acknowledgment
taken by notary Houghaing had told the plaintiff that
she owed him lot of money and that to settle she better give
him deed of the lands Neither the condition of the
the of the Indebtedness the value of the land
stated to her She given opportunity of taking dis
interested advice suggested her. The month
after receiving the deed from Eliza Houghang negotiated
and executed mortgage the property for and assigned
his mortgage taken from Mrs HOWE Crozer) the
eagee further security" The mortgage, before
ing lend his money the strength of the deed asked to
Eliza and she made affidavit the Both July, 1896, that
she was that Hougtang had applied the mortgage
for loan of S. 900 the lands she had sold to him and there
she knew of why he could not give good and
valid mortgage the property She, however, would not
sign and the paper until Houghtang had read it and
given her permission sign it, she having promised him to
paper without his consent Eliza married the 29h
the year began this suit in June of the fol-
lowing s9 The above reced facts uncontradced
The grounds urged by plaintiff for setting aside the deed are O
undue influence 2) fear compulson and dues and 90 want
Of consideration The defendant that the plaintiff had
age years when the deed given and the
presumption that the influence of her guardian her had
ceased Exercise of dure at the execution Of the deed denied
by the guardian and supported negatively by the testimony OF
those who witnessed the execution OF the Decd and to want
of consideration defendant contends that the wards debt to him
equal to the value of the land. =
The deed of Eliza Houghtaing stand The trans
voave of well settled principles of law. Hougl
failing her guardian. She lived with his family and he
treated her kindly his child calling her his adopted
daughter and she obedien him. After becoming of
she continued live his house and completely under
his influence that she would the affidavit sustaining her
deed until Houghaing had approved of it. There
disagreement between them except the subject of her
rage He expressed his dsapova of it, not liking her
posed husband and she postponed the marriage for six months
please her guardian His dapprova of the marriage does not
have been serious for the pair married at ough-
angs mothers house and he furnished the wedding outfit
But meanwhile Honghang had the deed from her. and
from his statement that he said to her, Before the deed
l
this property stands indebted much didn't bother
myself about it until you against will; must
have something with it this property; had to
go work and myself hold it. said, Eliza, what
will you do will you marry will you to do what
ask you do? explained the right there, it may
be inferred that he her the alternative either make the
deed he had with his
decline make the deed Whether she knew that Hough
angs essential enable her does not
appear, but the presumption is that she thought At any
he the when he had procured the
deed Whether her the deed obtained by these