The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-06-02
THEY DENY
ALL FRAUD
Mrs. Holt and Husband
Give Answer to
Injunction.

| kameiia Holt and husband. George
| H. Holt have answered the bill TO can
eel deed brought agains them by
| Honuaiwa Kaopua, mother of the first
respondent
They admit that in February and
March of this year petitioner was their
guest at their home in Honolulu and
that while visiting them she was re-
quested by Mrs Holt to deed TO her
petitioners dover rights in the lands
of j. w. r. Kaopua. deceased, to-
gether with certain other lands. Petit
| toner agreed to do so, and on March
3 respondents presented to her deed
for signature bur they deny that they
lea her TO believe, or that she did be-
lieve, that it was only a deed of re-
linquishment of dover. On the con-
trary she clearly understood that the
deed included not only her interest in
the lands OF J. w r. Kaopua but the
lands of Lauka described in petitioners
oil as Well. They deny the charges of
of any advantage taken of petitioner.
They then tell how they came to ask
for the deed. When j. w. r. kaopua
died he owed debts amounting TO more
man $15G0. He left no personal prop
erty and all of his real property, as
well as the lands known as the lands of
Lduha, was mort ageu 10 lie Holokaa
Sugar Co. by mortgage made by kao-
pua TO Bruce Cartwright on September
Il. 1887. for $500 due in TWO Years al
L per Cent per annum. on October L.
$780, the mortgage was assigned to the
Honokaa Sugar co. At the urgent re-
quest of Henry Smith, administrator OF
kaopua's estate, and on his advice that
it would be for the best interests of the
heirs and widow, respondent George
H. Holt out of his own funds debts OF
the estate amounting to over SI2VU AID,
discharging the claim of the Ho--okaa
sugar Co., received from IL ar assign
ment of the mortgage, which is still a
valid lien upon the real property of
Kaopua as we'll as upon the lands of
Lauka
For more than a year past respond
ents have been making an investigation
of the title to the lands in question,
with the object of clearing the lands
from the lien OF the mortgage without
the mortgage. 1t was for
that purpose that they sent to Waimea, |
Hawaii, for Mrs kaopua, intending to |
secure from her deed of her dover |
right in her late husbands lands and |
her interest in the lands of Lauka. On |
her arrival she went to their home and |
stayed there for more than month, |
during which time Mrs. Holt had many |
talks with her about the lands, eX- |
planning to her in full detail that |
George H. Holt had paid the debts of
her late husband and had received |
from the Honokaa Sugar Co. IAN as
signment of its mortgage on both the |
and Lauka lands.
When petitioner had learned all about |
the condition of affairs she expressed
her entire Willingness to deed to her
daughter all her rights to all the prop
arty covered by the mortgage. There
upon the deed was executed as already
said, without any undue influence upon
petitioner having been exercised.
Answering an interrogatory in the
dill, the respondents say that they have
not placed any incumbrance on the
ands in question.
They pray that the temporary injunc-
ion may be dissolved, that the bill be
dismissed with their reasonable costs
most wrongfully sustained and that
hey may have such further relief as
% the court and to equity may seem
meet Thayer & Hemenway are their
olicitors