The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-02
AND YET
ANOTHE
Magoon is Again
Charged With
Fraud.
AGED HAWAHANS
ARE SUING HIM
They Charge the Attorney With
Taking Advantage of Their
Weak Minds.

kukekakaulani a native woman, and
Kui, a native man, have brought suit
in the Circuit Court against j. A. Ma
COON and j. O. Carter, w. F. Allen, S.
| NJ Damon, W. o. Smith and A. w. Car
ter trustees under the will of B. p.
Bishop, deceased, to declare deed to
be a mortgage and to cancel a mort
gage. The plaintiffs are residents of
tween 20 and so years of age and We're
so when the execution of the transac-
ton took place which they are now en-
deavoring to annul. The native man
says he is the owner in fee simple of
those certain pieces of land situated at
Kuhiawaho, in Waiawa, containing an
area of 54-100 of an acre; another piece
containing one acre and 5S5 square
chains; another containing 144-100 acres
and a fourth containing 4451,000 of an
acre.
Before April 26, 1891, the plaintiffs al
lIege that they requested J. A. Magoon
to raise money for them, and that on
the above date they executed and de-
livered a mortgage for $500 payable in
two years from the date at per cent
per annum interest, on the first two
pieces of land, to the then trustees un-
der the will of Bernice Bishop. They
attach a copy of the same, but to the
original whereof or certified copy
thereof your orators beg leave at the
hearing herein for greater certainty to
refer
On August %, 1891, the plaintiffs claim
to have deposited with j. A. Magoon
5000 as part of the principal of the
mortgage and paid $64 as interest for
two years. On or before June 1894, Ma
COON notified the plaintiffs to come to
him. and on June l they did so, and he
| told your orators that their said mort
gage is up, and he would pay the bal
| aDce of your orators mortgage and
that your orators should refund his
money; so Your orators executed and
delivered an instrument to this respond
ent j. A. Magoon on the 1st day of
June, 1894, believing it to be security
to the said respondent j. A. Magoon for
the money that he should have advanc-
ed to satisfy the said mortgage and
only on the lands secured by the said
mortgage; but in fact an absolute deed
conveying all the property mentioned in
said instrument to the respondent Ma
COON in fee simple, reServing to your
orators or the survivor of them the
right to live in Apana of Royal Pat
ent 210, and to occupy the building
thereon rent free, and the said respond
ent ]. A. Magoon to pay to your orators
or to the survivor of them one-half of
the net rents, issues and profits that
the said respondent Magoon shall de-
rive from the said lands
Your orators have been and are pay
| ing to the said respondent J. A Magoon
several sums of money for the purpose
of paying said mortgage to the said re-
spondent Magoon. That the value of
! all the property mentioned is about ST.,
! 900, and that the consideration mention
| ed was grossly inadequate and dispro-
portionate to the value of said property
to such an extent as to render said
transaction unconscionable and fraudu-
lent on the part of the said respondent
| J. A. Magoon.''
| The plaintiffs further declare that the
mortgage to the Bishop Estate trustees
has never been cancelled on records and
| is still an incumbrance on the property
/ The two old people say they are of
weak mind and did not know the result
of the said transaction, and that re-
lspondent Magoon took advantage of the
orators in this transaction. They had
full confidence in Magoon before they
We're informed of the true meaning of
the instrument which they had signed