The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05

lied upon this representation also in
making the conveyance.
Thereafter, upon the request of the
|life-tenant and some of the other de-
|visees, Castle conveyed to Ana Mono
ma the land at Waihee, subject to the
same trusts expressed in the will and
delivered over in to the care of the
Ilate Antoine Rosa, who was then the
attorney Of said Ana Momona, the sum
of 81, LEO. and into that Of one C. Il. De-
iment, the attorney-in-fact for Ana Mo-
mona, the sum of $500. The land was
subsequently, conveyed by Ana Mono
m to Ana Momona, Jr., in whom the
title is said to be now vested.
| Ana Momona died on January %,
1897. In June, 1898, John Nicholas Ana
and Antoine Nicholas Ana, two of the
devisees above referred to, and Kole-
ka, widow of Antoine Manuel, third
devisee, instituted certain proceedings
before a circuit judge of the First Cir
cult in the matter of the estate of said
decedent, which proceedings resulted in
the finding by the court that the trans
fer in 1886 had been made without the
consent Of subsequent ratification By
the said movants and in a decree hold
! for all of the property of the estate
and ordering him to pay into court for
the benefit of those entitled thereto tn.
sum of s3,420 and intere::- ;.-ereon from
January %, 1897. On appeal the find
ings and decree of the circuit judge
were sustained by this court. For a
full statement of the facts bearing up-
on the issues then before the court, see
the decision which is reported in II
Haw. 2S4 ct. seq. The evidence in that
case has been, by stipulation, made
ievidence in this case, and some addi-
itional testimony has been taken. Up
on all the evidence now before us we
make the same findings as were made
in the former case so far as the same
are relevant or necessary in this case
and especially on the subject of the
iconsent and ratification of John and
Antoine Nicholas Ana.
Castle, in making the statements
which he did in 1886 to CIeghorn con-
corning the consent of the devisees tt
the transfer, acted in good faith, be-
lieving that the transfer did meet with
their approval and consent. Neverthe:
less the statement was incorrect and
in that sense misrepresentation of {
; fact upon which Castle could ant
; should have fully informed himself
; Cleghorn believed and relied upon the
representations and continued in ignor
ance of the truth of the matter unit
; the termination of the former proceed
ings last mentioned. Very soon afte
the rendering of the decision of thi
court on that matter, he filed the bill
of complaint in this case, averring IL
substance most Of the facts above Sc
forth and praying that Castle be or
dered to reconvey to him the land a
: tWaihee or to pay the sum of $1,000 Il
: lieu thereof and to account for and pa
all of the funds transferred to him b.
complainant, amounting in all to tn
!, sum or value Of s3,240, with interes
: thereon from January 49, 1897. A gen
: eral prayer for relief is added. Johl
. and Antoine Nicholas Ana, Koleka an
: Mary Brown. widow of George Erie
Ianother of the devisees, were also mad
: parties defendant. Mary Brown de
n INJURED on the ground of m.sjoinder q
: parties defendant and the court belo,
: sheld that she had been improperl