The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-25
CHARGED
IN LAND DEALS
MIR. and Mrs. StrauCh Accused
of Conspiracy---Equity
Is invoked.

! John p. Kahahawai has brought an
! equity suit against NJ ". Tschudi.
trustee, Fanny Strauch, P. E. r.
strauch and others, to cancel a deed
on the ground of fraud and to release
mortgage.
Plaintiff claims that on or about
January IA, 1903, he became by inheri-
I lance and otherwise the owner in fee
simple of piece of land containing
2.20 acres, situate at Niolopa, Nuuanu
Valley. He declares that on or about
May %, 1905, p. E. r. Strauch. by
fraud and deceit, and with intent to
cheat and defraud this PLAINTIFF out of
the said land, entered into a conspi-
racy with Fanny Strauch. his wife, and
one NJ. w Tschudi," and, by false and
fraudulent statements" induced plain
| tiff to execute conveyance of the
land for the consideration of one hun
dred dollars to Tschudi as trustee.
And the defendants, Kahahawaf goes
| on to say, by the said P. E. r. Strauch,
| told him at the time of the transac-
ton that the conveyance was a mort
gage to the late Henry Hogan, attor-
| ney, to secure the payment of counsel
fee in an ejectment suit of the Dow
sett Company, Ltd, against plaintiffs
wife, Male Kaaukuu, to recover an
area of 0.2S6 acre. This suit was set
tied on May "a, 1906. between the par
ties and Strauch, who was acting at
the time of the retaining of Hogan
as legal adviser of Kahahawai's wife
and himself. In the settlement
Strauch, as such attorney, received
from the Dowsett Company, Ltd, the
sum of $3.50, out of which he kept 800
to pay the counsel fee of Hogan and
$40 for cash advances to this plaintiff
by Strauch. 1t is claimed that this
$170 was the full amount of his in
debtedness to Strauch and Hogan, and
he does not now owe Strauch or any
of the other defendants any sum of
money whatever. In May, 1905, Strauch
paid over to plaintiff the remainder
of the money so received by him, be-
ing the sum of $3.50.
According to this last statement, the
plaintiff is made to say that he re-
ceived the balance from the settlement
a year before the time he had just
declared the settlement to have taken
place.
Plaintiff says he was further inform
ed, when paid the balance in question,
that the mortgage deed to Henry Ho-
gan had been released. He prays that
the record of proceedings in the, Dow
sett ejectment case and the deed of
conveyance to Hogan be incorporated
in his bill of complaint.
Kahahawai says he is Hawaiian
and wholly unable to read and write
the English language, and reposing
confidence in Strauch and his attor-
ney he executed the deed in question
and acknowledged it before Strauch
as a notary public, not intending to
sign, or knowing that he was signing,
an absolute conveyance of the land.
Then he declares that Tschudi, on or
about September 10, 1906, in pursuance
of the conspiracy and with intent to
cheat and defraud him out of the land,
made and executed deed of convey
ance of the lot to Fanny Strauch for
the consideration of one thousand doll
lars. 1t is alleged that this sum was
never paid to Tschudi by Mrs. Strauch |
or any other person for her, and she |
received the deed with full knowledge |
of the facts and the fraudulent means"
by which the land was obtained from |
the plaintiff, and she was one of the |
persons who conspired, confederated |
and agreed with the other defendants
to cheat and defraud this plaintiff" out /
of his land.
Fanny Strauch is further alleged to |
have conveyed, on or about the 18th /
day of March, the year not being stat
ed. seven tenths of the land by deed |
to Mokuhia Nakiewalu, Kumukahi and |
KeaIa Kuhilima, who, plaintiff verify |
believes, did not pay any money to !
Mrs. Strauch for such portion of the
land. It is contended that these other
defendants received the portion and the
deed therefor as the grantees of the
said fraudulent grantee and that the
deed is null and void.
John Herbert d 'Almeida is brought in
as a defendant from being the assignee
of a mortgage made by plaintiff to
John Kenway on July 6, 1905, and who
received the money, principal and in
terest in full, $500, in full release and
of the mortgage some time
in 1907. but had not filed in the Reg
istry of Conveyances any release of
the mortgage.
The prayers of the bill are that the
deed to Tschudi be Cancelled for fraud,
that ]. H. d Almeida be compelled to
release the other mortgage and that
the court may decree such other relief
as may be required.
George A Davis and E. A. c. Long
are solicitors for plaintiff.
T. Lightfoot has filed a demurrer for
defendants, on many grounds. In gen.
eral the bill is stated to be indefinite,
Uncertain and unintelHgible and not
showing any ground for relief in
equity. One paragraph reads:
The language contained in the lat
er portion of page three of said bill
$ not the English language, nor is il
language that these defendants or
my of them can understand"
THE PARK COMMISSION.