The Hawaiian gazette., 1899-10-20
SUPREME COURT
Decides a Lahaina Case
Appealed.
Dsc.-e OF Circuit, Court ~ Assirms O
In Favor OF th- Pioneer
Min Company.


signed by Justices Frear and Whiting
has affirmed the decision OF the lower
court disrnissing the bill on demurrer
in the case of Hama, Uni Kukailani.
her husband. and Lahaina Coffee and
Fruit Company. Limited, against
Pioneer Mill Company, Limited. an APP
peal from the Circuit Judge Of the First
Circuit.
The opinion of the Court IL written
by Justice Frear and is set forth In the
syllabus as follows:
II signed two deeds. one purpo; ting
to release her dover right, the other
all her right. title and interest. In cer-
tain lands which had previously been
mortgagei by her husband (she not
joining or releasing her dower) and
rcld on foreclosure. II afterwards was
informed that her grantee claimed that
there vas defect In the foreclosure
SAGE and that she had inherited
through her daughter all the estate of
her hasband, the daughter and hus-
oznd having died. and that consequent
/. IL fee simple title had been conveyed
by her dceis. She then brought a bill
for the cancellation OF the deeds upon
| the ground Of false and fraudulent rep
res~- tations that she had only dow
er right. She did not show any de-
| feet in the foreclosure sale or show
| mat she had more than dover right
or that she executed the deeds In re-
/ Lance upon any false representation
that she had only dover right. She
alleged also that she did not know that
her deeds purported to convey more
than a dover right. but she did not
sliege that her grantee had misled her
as TO what they purported to convey or
show why she did not know what they
| purported to convey.
Held, on demurrer, that the bill
was insufficient"
The history Of the case is given be-
low:
! This is bill In equity for the can
| collation. Of certain deeds on the ground
OF fraud and Misrepresentation. The
case comes here on appeal from de-
cree sustaining demurrer to the bill
and Diminishing the bin.
The bill alleges In substance: That
enc Kapakahi in 1857 mortgaged GER
tain land owned BY him situated at La
haina, Maui, his wife, The plaintiff Ha-
ma, not Joining or releasing her dow
er; that the mortgage was ioreclosed
in 1859; that the purchaser at the FORE
closure sale conveyed the lands in 1882
to another, who. in 1896. conveyed
them to the plaintiff corporation
which has since expended much money
in improvements thereon; that Kappa
kshI died in 1887, leaving his said wife
and a daughter surviving him: that
the daughter died In 1896; and that
Hama and her present husband. the
plaintiff Uni Kukailani. whom she
married in 1890, are lepers at the set
Element on Molokai; that on March 30
1883, the defendant obtained from Ha-
na two deeds. one purporting to be
a release of her dover. the other a re-
lease and quitclaim OF all her interest
in these lands, and also a deed from
her husband giving his consent to her
said deeds, and two days later brought
an action Of ejectment against the
plaintiff corporation for these lands;
that at the time and before the sait
deeds were executed Hama and her hus.
band were informed by an attorney Of
defendant that Hama was conveying
only dover right by said deeds. and
shat neither said Hama nor her hus
band knew that she had any othel
than a dover right In these lands, Of
that either of the deeds purp0rted Il
convey any other right; that the con
sideration expressed In said deeds
$s02 in all. IL grossly inadequate To-
the interest oflHana and UNI Kukai
lani In said lands, and that these plain
tiffs on account Of her detention at sail
. settlement were unable to travel an,
mingle with people who are familia
with TIE values of property. and wer'
unable to form just estimate Of tn
: value Of the title of said Hama In sal,
. lands, and were induced to accept tn
/. said sum through the wilfully false ant
fraudulent representations Of the de
PENDANTS agent that said Hama had NJ
title or claim To said lands other thar
a right of dover, and the concealmen
Of the fact that said Hama IL heir o
her said daughter and through he
would inherit all estate left by KAPPA
kshi, and the cOncealment Of the value
Of the said Hana's interest In the sale
lands; that before signing said deed
the said Hama consulted her att0rne!
In Honolulu by letter, and was advises
by him 10 sign them. but that said at
; torney 10 advised without Q full knOwl
edge of the facts and upon misrepre
scntati0ns of defendants attorney tina
the said Hama had no interest In salt
lands other than o dover interest
, that plaintiffs are Informed and be
. lieys that defendant claims that sal,