The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-24

lime 26, 1901. DECIDED July 49, 1901.
r0r,R, CT, GALBRA1TH AND PERRY j.
aions fraud contained in bill to set aside deed
| . sustained by the evidence
non of fraud arising from facts of the ex-
n relation between the grantor
grantee in a and the lack substantial financial
5-ion for the conveyance, is but may be
r.bated b. other EVIDENCE
OPINION OF THE COURT BY PERRY J.
r suit in equity wherein the cancellation of deed
M Anr % 1900 and conveying certain described land
;e 10 complainant Keauloa and situate in Honolulu
H. . PRAYED for. The compliments husband and wife,
that thew are old and uneducaed and unable to read;
for sometime prior to April %, 1900, defendant together
Emaia Akiona had been living with plaintiffs on the
m in question: and had from time to time contributed
bin sums for their support and maintenance, and had shown
kindness to Them consequence of which plaintiffs came
Ian upon said defendant and said Emala Akona and to be
Id BY their wishes and advice and reposed entire con
nee IN them said defendant and said Emalia Akiona that
euence of the repeated suggestions of respondent and
lila AOna and of their statements that if the conveyance
made they respondent and Emaa would live with com
@ and take of them during the remainder of their
tie compliments consented execute deed of the said
to respondent and said Emaa for the nominal consdera-
dollar that the deed prepared under direc-
given by respondent and Emaia and was by the latter
cheat and defraud the compliments made abso
form and without any provision concerning support of
npanants for the remainder of their lives; that com
deed without knowledge of its of the fact that it
ed provision with reference to support and in the
that "by of said conveyance respondent and said
ALA Akiona would be obliged and bound to support plain
during the remainder of their said ve that about three
after the execution of the said deed Emalia died and
On respondent ceased contribute anything to the sup
the companants and that respondent denies any obga
I to support complanants.
After trial the merits the bill dismissed. The fol-
g findings of fact with others, made by the Circuit
age THAT the compliments husband and wife and re-
n Honolulu Island of Oahu, Territory of Hawaii that the
nlant herein Namokueono Ewalko is resident of Homo
oresaid that the 2Sth day of April, 1900, the com
~ Keauoa the owner Of all that certain piece or par
land described In the bill of complaint herein; that for
time prior the date mentioned in said deed the defend
together with Emalia Akona, had been living with
nan the premises in question and had from time to
contributed certain for the support and maintenance
mpainantS and had shown great kindness hem that on
sad 18th day of April 1900 the compliments made, e8
0 and delivered to the defendant Namokueono Ewalko
Ea Aona the deed before referred to that said deed
prepared and drafted by one John NJ Kea under the drec
and Instructions of the complainant Keauoa, to whom sad
was read and explained before he subscribed the same and
So deed was likewise lead and explained to the complain
a before she signed the same; that said deed was ae
by both of the compliments with full knowledge OF
| and understandngy; that the compliments were not
we're either Of them subjected to any undue influence of the
u 'ue defendant Namokueono Ewako the said Emalla
nof We're the said compainants either of them sub
any menace, duress, fraud or threats the part OF
"oSoeono Ewaliko defendant herein, and Emalia Ak
Or either of them.o
al examination of the transcript of the evidence, our
that the preponderance of the evidence Justlhes
1-I 'nese findings The essential avernens of the bill
s Of fraud were clearly disproven by the testimony
a, 's'so witnesses We believe that the deed was ex-
r because Of any opportunities suggestions on the
sn, 'uen or Of Emalia, but of Keauoas own motion