The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-25
I-rppEME COURT OF THE TERRITORY OF
HAWAII
MARCH TERM, 1901.
. B. WILSON =. LILIUoKALANI.
FROM O1RoUr JUDGE, FIRST CIRCUIT
,., 1901. DECIDED July 1e, 1901
prnD ARM
OPINION OF THE COURT BY GALBRAITH, ].

,.ir+;f filed his bill in equity in the court below
Il ~ 1.nt;aIv the following averments:
II ~ oror to june 1885, the plaintiff and his wife had
valuable services to the defendant for which they had
Maid that on said date his homestead located at
and Pkoi streets, Honolulu, Oahu, advertised for
d foreclosure of mortgage; that the defendant called his
M 70 this fact that he about to lose his home and said
10 would buy for him. that it understood that Cecil
would act for the defendant in the purchase of the prop
that relying on the defendants said promise he discouraged
h. the foreclosure sale; that his friends understanding
Brown was buying the property for his refrained from
| that there was only bid for the property at the
that made by Brown 81 400 although the real value of
property was ST. 5OO that the property sold and decided
II Brown who immediately executed declaration of
Linz that the defendant furnished the money paid for the
H. and that he held the for her exclusive and
, that afterwards Brown delivered to him the commits
IL deed and the declaration of relative to said prop
that he advised the defendant of all of these facts and she
nd her satisfaction with the same and said to him if at
thereafter he became financially able he might pay the
expended and any the property should always
II re and occupied by the plaintiff and his wife home
the remainder of their lives; that afterwards j. O.
the attoneyinfact of the defendant approached him.
fraudulent advantage in regard to the property and
Represented and wlfuly deceived him and persuaded him
e up the title papers to said property under the belief
the defendant about to make devise of certain other
ery his wife motherinaw, that relying said rep
citations of said aorreyinact he delivered said title papers
Carter that Carter turned these papers to Cecil Brown
deed for the property directly to the defendant
that said date the defendant has claimed to said
y free from any trust or claim of the plaintiff; that in
1898 the defendants agent and attorney directed him
the property that he offered pay the amount of
the defendant had expended for the and this offer
refused that he occupying the premises as home at
Of the mortgage sale and has continued to occupy the
up this date that his wife, Eveline Wilson, is now de-
that in August, 1900 the defendant instituted in the
cult Court OF the First Circuit eectment suit against hun
recover the possession of said property and 81 900 damages;
ne cannot nepoe his equitable defense court of law
unless this court will take cognizance of this action he will
H rreparabe loss and injury
Inc prayer of the bill is in the alternative o. That the de-
M may deceed to hold the premises trustee for him
the remainder of his natural life o. That the defendant
oecEeed to execute deed conveying to the plaintiff
Fs' IN the property. An injunction restraining the de-
from selling or leasing the premises pending the hear
m proceeding with the ejectment suit is also askedfor,
prayer Tor process and general relief The in junction
granted The defendant de1nurred to the bill several
Alter hearing the demurrer was sustained for want
ivy IN the BILL The plaintiff then asked and granted
- % move to amend the bill
Pnh afterwards presented to the Judge his amended
nouon Tor leave to file the same. This amended bill
pan The circumstances preceding the mortgage sale
oD3 8 IN the original bill proceeds follows That in
ol the services of the plaintiff and his wife, the
ID promised and agreed to buy in said premises at the
s sale herein referred to for the petitioner and his
s - under an agreement that they should always re
Adal on OF said premises and that the should be
ffs l0r the and benefit of said petitioner and his
ys 8 SAID respondent further agreed that she would
tle ~ premises back to the said petitioner at any time
aNaA. euloure her for the money paid for the prop
oo, sale that in consequence of the said rep
z sid ,ss, relying implicitly upon the agreement made
sGas1t and acting solely in consideration there
g1 \ 1R not try to find purchasers at the sale but
tie r,a -sn telling all his friends of the arrangement;
= was to be purchased by Cecil Brown for his