Wailuu v. Kainoakupuna

Citations

• 23 Haw. 531
• 1916 Haw. LEXIS 48

Syllabus

<p>Equity — cancelation of instrument.</p> <p>In a suit In equity to obtain judgment canceling a deed It was alleged that the consideration moving to the plaintiff was defendant’s promise to “sufficiently and comfortably support her during her natural life,” and that defendant had failed and refused so to do; the evidence showed that defendant and his family had lived on the premises conveyed with the plaintiff for nearly four years after the execution of the deed, during which time defendant had furnished plaintiff with clothing and had furnished the food used; plaintiff occasionally complained that she did not get a sufficient amount of poi, but never so complained to the defendant; plaintiff finally left the premises without the knowledge or consent of the defendant, who wrote her asking her to return and testified that he had at all times supported, and has at all times been ready and .willing- and able to sufficiently and comfortably support, plaintiff in - accord with her rank and station in life, pursuant to his promise so to do; held, that the plaintiff’s suit is without equity and the judgment in her favor reversed with instructions to dismiss plaintiff’s bill.</p>