The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-06-29

Deen mdu6 over ~ Ju6 DOysj uuehn-
ing the defendants, and that said
applicants were 10 apply to said de-
PENDANTS for the lease in question.
Defendants further answering the
paragraphs aforesaid in said hill
state that in many other ways plain
tiff has Enthusiastically manifested
her intention that said deed should
go into immediate force and effe.,t
upon execution thereof, and has re-
cognized said deed as in full force
and effect in favor OF defendants,
and has claimed and received from
defendants the allowance and con-
sideratiou aud benefits secured to
her Hereunder.
And defendants further answering
the paragraphs aforesaid in said
bill state that it is the opinion and
belief OF defendants that the institu-
tion Of this suit was not the real
wish or desire OF plaintiff, nor does
it express her true sentiments in
reference to said deed and to the
making thereof, but is largely the
result of efforts OF third parties
whose plans and designs in reference
to the estate of plaintiff have been
thwarted by the execution of this
deed
And defendants further answering,
say that while they did not oblgate
themselves to explain all their trans.
actions in reference to said estate
after the execution of said deed TO
plaintiff, nor to seek and obtain the
consent of plaintiff to all transact
tions in reference thereto, as mat
ter Of fact, defendants have lived in
complete accord with plaintiff since
the making Of said deed, and that
such friendly relations now continue
regardless OF said suit, and that de-
PENDANTS have in most OF their trans
actions in connection with said es-
tate freely consulted with plaintiff
and have told her what they were do
ing and intended to do 10 reference
thereto, and defendants say that in
their judgment they have good
reasons for not mentioning to plain
tiff their transactions in reference to
said estate which they have kept to
themselves.
These defendants admit that
since the execution of said deed and
the delivery thereof into the custo-
DIV OF plaintiff after being recorded,
no demand for the possession or
delivery of said deed has been made,
defendants believing and under
standing that there was no occasion
to make any demand therefor there
after, or now, or at any time, for
that said deed, by clear and per
feet understanding between plain
tiff and the defendants, was deliver
ed and went into force and effect
Immediately after the execution
thereof.
In answer to paragraph 8 OF said
bill, defendants deny that said deed
has never been delivered, defendants
claiming that there has been . COM
plete and effectual delivery Of said
deed in law and otherwise.
In answer to paragraph 8 OF said
bill, defendants admit that they are
claiming that said deed is in force
and effect, and that thereby they
are owners Of all the property set
forth in said deed subject, however,
to the terms and conditions and
charges thereon set forth in the
deed aforesaid.
Defendants deny all other matters
in said bill contained not herein
above specifically admitted, answer
ed or denied, and pray to be hence
dismissed with costs.
DAVID KAwANANAKoA,
j. X. KALANIANAoLE.
A0T TsaAsD OF HAWAII, IS
David Kawananakna and j. Kala-
nianaole, the above defendants,
being duly sworn, sevsrally depose
and say, that they have heard read
the foregoing answer and that all
and singular the matters and things
therein alleged and set forth are
true, except as to such matters as
are alleged ON information and be-
lief and as to the same they believe
them to be true.
DAVID KAwANANAKoA,
j. X. KALANIANAoLE.
Subscribed and sworn to be-
seal fore me this 10Th day OF
June, 1898.
| Signed r. A. MoTT-SMITH,