The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-15
MADE A GOOD BARGAIN
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there was much possible litigation over
the title to that. He decided all of his
interest, whatever it might be-" to
Kidwell and in June, 1902, the Supreme
Court of Hawaii held that he owned
all of it, instead of one-half. Emma
Metcalf Ikaika, who was supposed to
own one-half, and whose interest Kid
we'll also bought, was held to have no
title at all, not being a lawful begotten
child of Frank Metcalf. The opinion of
the court, by Perry says:
THE Circuit Judge found that the
deeds had been executed through Il
mistake, shared in by both parties, as
to what Thomas interest was, and that
at the time the grantor intended to
convey and the grantee TO acquire
thereby an undivided one-half interest
only, and decreed a reconveyance of the
other one-half. 1t is from that decree
that the present appeal was taken.
/ The evidence does not show that the
parties to the deed or either of them
understood that the interest conveyed
was not to be in any event greater than
an undivided one-half or intended to
limit the operation of the deed to that
extent. On the contrary it does show
that both parties understood that all
of the grantor's interest, whatever it
might be, without limitation-large or
small-was being sold and purchased
and was to pass by the deed, and this
too, although both parties doubtless
supposed that in all probability the
grantors interest would prove to be
not more than one-half The parties
specialized. Now that the interest in
question has proven to be or seems to
be the whole, equity can not grant the
grantor relief.
There is nothing in tho evidence tC
warrant a finding of actual fraud. The
parties were not in any relation OF
trust or confidence but dealt at arms
length. The grantor was cautioned be,
fore entering upon the negotiation!
leading to the execution of the seconC
deed that he was at liberty TO repudi.
ate the first and that he was not un.
der any obligation to confirm it.
THE decree appealed from is revers
ed and the cause remanded to thu
Circuit Judge for the entry of a deere,
dismissing the bill and for such fur
ther proceedings as may be necessary.
Thomas Fitch for complainant; Rob
ertson q Wilder for respondent"
Chief Justice Frear concuTs in a sep
arate opinion and Associate Justic,
Galbraith dissents. His opinion con
cludes as follows:
Again the deed is unfair and unjus
andu ought to be reformed on thi.
ground alone. The finding of the Cir.
cult Judge that the three Thousand
dollars is not a fair consideration fol
one-half of the land is supported by thu
evidence. The lowest valuation placed
on ii by any of the witnesses at tn,
hearing was ten thousand dollars.
am not willing, under the circumstan.
ces of this case, to confirm title in tn,
defendant to an entire tract of lanC
worth at least ten thousand ollars
when both the grantor and grantee a
the time of the execution of the deco
intended that it should convey one-hall
only.
Again the method pursued by the
defendant i'm obtaining these deeds does
not appeal to my sense of justice anC
right. First we find him taking a deco
from a minor for property worth many
thousand dollars for a paltry consider.
alton Of one hundred dollars. Then as
sooplas the minor arrives at legal ma.
jority the defendant hires two lawyers
and the three of them set after the
young man with the purpose of Undue.
ing him to execute a conhrmatory deco
conveying his inheritance to the de-
PENDANT. The defendant knew that the
young man was without business train
ing or experience and that he could
not resist the temptation to accept an
offer of large sum of money for his
Inheritance whether it was a fair con.
sideration for it or not. Still it seems
not to have occurred to the defendant
to suggest to Thomas Metcalf that he
consult independent advice or some
disinterested friend before closing the
deal. Nor did these conditions seem tc
deter the defendant even from driving
hard bargain" for the one-half inter
est which the grantor was then under
stood to own. Such a transaction has
few Of the elements of a deal at arm
length" and ought not TO be 50 classed
Il am convinced that the ends OF
justice would be sujseryei by granting
affirmative relief against this most in
equitable transaction, at least to The
extent Of affirming the decree rendered
by the Circuit Judge"