The Hawaiian gazette., 1908-01-28
FRAUD CHARGED
IN LAND DEALS

rsAn p. ERhHhawai has brought an
---itv-suir against NJ. W. Tschudi.
---s-ee Fanny Strauch, P. E. r.
S--auch and others. 10 cancel a deed
N he ground Of fraud and to release
3 rne-tEa
slsf-tfr claims that on or about
January Il. 1895. he became by inheri-
ranos and otherwise the owner in fee
simple o. 8 piece OF land containing
- acres. situate at Nioloqs- Nuuanu
valley. Re declares that On or about
Nav -. 1875. P. z. r SCrauch. by
rand and deceit. snd with intent 10
cheat aId defraud this plaintiff out OF
re said land. entered into conspi-
my with Fanny Strauch, his wife, and
one ". W. Tschudi," and. by -fslse and
f-zuauIent statements" induced plain
- % Slecute a conveyance Of the
sz-a for the consideration OF one hun
S-ea dollars 10 Tschudi SIS trustee
And The defendants. Kshshswai goes
o. n ssv. BY the said P. E. R Strauch.
zrIs him Al the time OF the transac-
ZION that the Conveyance vas mort
zEre 20 The late Henry Hogan attor-
nev. % secure the payment Of counsel
Tee IN an sjectmsnt suit OF the Dow
serr Company. Ltd, against plaintifI :
VIE. Male Kaaukuu. 70 recover an
ara q @ IS acre. This suit was set
Ted on MAY -. 1895. between the par
ties and StrauCh- who was acting az
he time Of the retaining Of Hogan
ss legal adviser Of Hahahswafs wife
and himself In The settlement
S-zuch. as such attorney. received
rom the Doyvssrt Company. Ltd the
sun q $50 uut Of which he kept Sloe
n nav the counsel fee Of Hogan snd
- for cash advances 10 this plaintiff
ny Sr-auch. Il Is claimed thsI This
So vas the fun amount OF his in
.s-Atesnsss 10 SJrauch and Hogan, and
he does not now owe Sr-such OF Sny
- The other defendants any sum Of
money whatever. In Nay. 1915. Strsuch
rsfs over % plaintiff the remainder
% he money - received by him. be
i-C me sum Of S-S1
According 70 this last statement, the
-,sfurf~ Is made 70 say thar he re-
,-efve5 The balance from the settlement
q wear before The time he hsd just
declared The settlement 10 have taken
place
PLAINTIFF saws he was further inform
81. when paid The balance in question,
--s- rh= mortgage deed 70 Henry Ec-
50, had been released. he prays that
--a record OF proceedings in the Dow
SEA s5ec--enr case and the deed o.
conveyance 10 Hogan be Incorporated
n MS bill o. complaint.
Eshshavvai SAYS he Is q Hawaiian
and wholly unable 10 read and write
The English language, and rSpcslng
c1rf5e-ce in Sr-auch and his atJo--
-ev he executed the deed n question
and Acknowledged j. before Srrauch
- & notary public, not intending 10
sign OF knowing that he was signing,
an absolute conveyance Of the land
Thsr he declares that Tschudi- on or
about September e. 1905. in pursuance !
q ne conspiracy and with intent %
cheat ara 6efrau6 him out OF the land, (
made and executed s deed OF convey
aacs o. The lot % Fanny Strsuch for
TIE consideration Of one thousand dol
lars Il ! alleged that this sum was
never paid % Tschudi by Ms Strauch
c- any other person for her. and she
received The deed with fun knowledge /
81 the facts and the fraudulent means
l-v which the land was obtained from .
The plaintiff. sn5 she was one OF The
re-S5-s who conspired. confeierated .
a-E agreed wiki the other defendants
10 cass- and 6efraud this plaintiff out
80 his land
Fanny S--auch Is further alleged 10
have conveyed. or or about the 18th /
Ezv q. March the year not being stat Z
ss szvsn--enths Of the land by deed /
I'D N1g-hEa NakiswaIu. KumukShi and
Eaa-a EuhEi-ra- who. plaintiff verify ]
believes. 5iE not pay any money . I
MS. S--a-ch for such portion Of the I
land. L Is c11rsn6ed that these other 4
Defendants received The portion and the I
iced therefor as the grantees Of the
Szts fraudulent grantee and that the
deed i -uI and void
John Herbert q Allisi6s Is brought in !
Is defendant from being the assignee
co a --1--Eage made by plaintiff 10 /
-1-- Ns-wsy OF July 8 1so5. and who 4
received --s money. principal and IL {
-e-ss- 10 s-u. sSop. IN fun release and /
Gisc-z-cs q The mortgage some tine
81 -s--. bur ha5 roc fled in TIE Reg
5s--v % Co-vsya-oes any release OF
The mortgage
TIE --ays-s q he bill are inst The ]
-===z . Tsc1u5i b Cancelled for fraud /
AJAX = Z 5-Alms.6s be compelled 20
-5-azs- he Other mortgage and that
IRE co--t nay decree such other relief
- nay - required
George A Davis and E A. c Long
z-= HS--F-----S -1- -l-af--ss
= L-E--o-- has fled 6 demurrer for
Gsss1Ez--s. On many grounds In gen
e-E re hi : stated % be indefinite,
E-cz--sin and u-i--s--igible and not
s-cwt-E s-y Eroua5 for relief in
-e----T- one paragraph reads
TIE language contained in he lat
- p1--o1 o. page tIree Of said bill
= c1- he English language. nor IS +,
. -z-E-zzs t1zr these 6ste-6zn-s o.
z-v % -1z- can understand