The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-04

i confidential relation existing

said confidential relation existing be-
tween himself as the said administrator
and the said Meleama, did. by fraudulent
and false representations to the SAID
Meleama induce and persuade the SAID
Meleama to make to him an absolute
deed to the said above described property
expressed to be for the consideration of
the sum of forty dollars ($40) which said
deed is recorded in liber 49, page 4S1, in
the office of the Registrar of Convey
ances of the Hawaiian Islands in the
City of Honolulu, a duly certified copy
of which said deed is hereto attached
anG made a part hereof
Twelfth-That the said Meleama was
ignorant of the legal import of her said
action in signing said deed and that she
had no intention to make any deed what
soever to the said property to the said
j. A. Magoon, but that she was deceiv-
ed and deluded by the said j A. Magoon
trusting him as she did implicitly, by
reason of his relation to her as admin
istrator of her husbands estate, and
that the said defendant, j. A. Magoon,
falsely and fraudulently and in violation
of his duties as said administrator de-
celved and deluded and persuaded her
against her will into signing said deed,
we'll knowing that she was not aware of
the legal import of her action in so
signing, and intending and purposing to
defraud her of her said property.
Thirteenth-That the said property is,
as your petitioners are informed and
fully believe, of the value of seven hum
dred and fifty dollars ($750), while the
said consideration of the said $40 paid
by the said j. A. Magoon for the said
property was and is grossly and utterly
and wholly inadequate, and by that very
fact, if for no other reason, the whole
transaction is unconscionable and fraud
ulent on its face.
Fourteenth-That owing to the nature
of the said transaction, the relation of
the said parties and the subject matter
involved, your petitioners have no full,
adequate and complete remedy at law.
And your petitioners hereby submit
themselves to this Honorable Court to
do whatever of equity shall seem meet.
Wherefore your petitioners respectfully
pray of this Honorable Court:
First-That writ of injunction issue
from this Honorable Court against the
said defendant j. A. Magoon, and all
licitors and agents and all others acting
in aid or assistance for him, restraining
them from in any way disposing of or
attempting to dispose of the said proper
ty or in any way aliensting or encum-
bering the same until the further order
of this Court.
Second-That the process of this Hon.
orable Court may issue against the said
j. A Magoon, defendant herein, order
ing him to appear and answer to the
foregoing. bill of complaint and be bound
by the proceedings Hereunder
Third-That the said defendant, J. A.
Magoon, may be adjudged to hold the
said deed from the said Meleama in trust
for your petitioners and for their sole
benefit as heirs at law of the said Mele-
anna.
Fourth-That the said deed may be by
this Honorable Court declared to be
wholly and utterly void and of no effect
and that said deed may be cancelled by
this Honorable Court
Fifth-That the defendant, ]. A Ma
COON, may be ordered and directed to
execute a quit claim deed to the said
property to the said petitioners
Sixth-That the said property may be
declared to be the property of your petit
TONERS as heirs at law of Meleama. de-
ceased and free from any cloud of title.
Seventh-And for their costs herein
and for such other and general relief
as the Court in equity in good conscience
may seem good.