The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-12-21

understood that P Mendonca and those holding under
him have all times the right of the well the mauka
side the road Gays house lot and of for the ditch
leading from the we'll to the road Government Road
The lots herenabove mentioned shown and numbered as
specified both Gays and Mendoncas maps being dshn-
gshed by color Gays rice lands color
ed green and Gays $50 colored brown.
Honolulu, December 81, 1888
JAS. W. GAY,
By his attorney in fact, W. E. Rowell
By his attorney in fact c. Bolte.
general of evidence that before private writings
evidence their be Proved and
there be subscribing witnesses the execution must be proved
evidence of hem by proof of his
their signatures under certain circumstances Ii
the attested by subscribing Witness suf
cent for the purpose of introducing it evidence the
signature of the party executing the executed by
agent attorney fact and the execution denied the author
y must be approved.
But exception the rule has up, and be
regarded established where the instrument produced
by the adverse party upon notice. he claiming interest
under it.
uncertainty has been occasioned by the different modes
which the exception is worded by judges and writer's
has been said that the claimed by the party pro-
ducng the instrument be which has reference to the
subject Stephens Dig Ev Chamberaynes
Ed pp 1923; claimed in the cause"
Greenl Ev 18th Ed s571 Getting Reardon Minter M.
CIR. 2O4).
But the claim of interest held be distinct recognition of
the authenticity of the admission of its execution,
and us have been able find ug
gesed anywhere why the claim of interest of substantial
and abiding should be sufficient bring within the
operation of the principle especially in the of manifested
The authorities generally tend uphold this doc
(Chamberayne Best Ev 214 McKevey Ev 35S;
Starke Ev. p 4O7; Jackson Kingsley II Johns 15S;
Mc11egor Watt Gray y; BaAett and Hallam Fink,
% Pa. ST. 2e6; Wilkins Wilkins Ad E. So Belts o.
Badger Johns 223 $780, Lessee of Rhoades Sel Wash,
49, Doe Tyndale Henaing B. & c. 2S3O per Parke B,
in Burdiss CIR. NJ & r. 7S4) and adopt it
proper reasonable and strictly within the design of all rules
of evidence.
That Gay both claimed and took possession of the 14S7 acres
mentioned ISSUE and by virtue of it, and that
plaintiffs their capacity of of the estate of Gay have
asserted the claim and continued in possession estab
lshed by the evidence be contention
the part of plaintiffs to the contrary.
maps referred in the agreement in evidence and
clearly indicate the parcels up by Mendonca Gay under
full of land to which
Gay entitled under his lease And all through the testimony
of Mr. Focke himself of the plaintiffs there unmis
takeabe recognition of the authenticity of the and
assertion of plaintiffs rights Gays representatives, under it.
This brings within the exception above stated far
the claim of interest is concerned.
Whatever may urged for the requirement that
from the party claiming under 1t upon
notice from the oher party they are only aPPcaoe " "
attested documents Applying the principles heretofore an
the special circumstances of this therefore, we
have declaring that the question
ecuted by both parties properly admissible in evidence on
party upon proof by exnc evidence that the
party claimed substantial and abiding interest hereunder
And it is only question to prlma tace proof OF exec
ton prior proof of execution make no diff
whether the purpoed to be executed by the
parties n person o through attorneys In fact.
in the ruling of the trial Judge and the udg
ment below is accordingly affirmed
p Neundnn for plaintiffs