archival-historical documentary research

102 Pages·2014·5.08 MB·English

by  Kepa Maly

March 31, 1860
Lot Kamehameha; to Board of Education
Mortgage Deed
For Ahupuaa of Kaohai

Know all men by these presents, that I, L. Kamehameha, of Honolulu, Island of Oahu, for
& in consideration of the sum of $3709. to me in hand this day paid by R. Armstrong of
the Board of Education of the Hawaiian Government, the receipt where of I hereby
confess and acknowledge have granted, bargained, sold, rendered, released, aliened &
confirmed & by these presents do grant, bargain, sell remise, alien & confirm unto the
said R. Armstrong, Pres. of the Bd. of Education & to his successors in Office, all the land
called… Kaohai on the Island of Lanai, estimated to contain about 6000 acres. To have &
to hold the said above described premises together with all & singular the tenements,
hereditaments & appurtenances thereunto belonging to the said R. Armstrong & to his
Successors in Office forever.

These presents are given upon the express condition however, that whereas he the said
President of the Board of Education has loaned to the undersigned, the sum of $3709.
For which & the interest to accrue thereon, three notes of $1268.33 ½ cents have been
given to which the mortgage is collateral. Now if I, the said L. Kamehameha, my heirs,
executors, administrators & assigns shall well & faithfully pay, or cause to be paid the
sum of $3709. according to the tenor of the said notes; one for $1236.33 on or before the
30th day o March AD 1861; another for $1236.33 on or before the 30th day of September,
1861; & a third for $1236.34 on or before the 30th day of March 1862; & the interest
thereon at 12 per cent per annum, then this indenture of Mortgage to be void…

In witness whereof I have hereunto set my hand and seal this 31st day of March AD 1860.

L. Kamehameha… [Bureau of Conveyances – Liber 12, pages 414-415]

[Written across the text in Liber 21, page 323, are the following notes of Release:]

In consideration of the sum of Thirty Three Hundred Sixty Seven and 36/100
Dollars this day paid to the Board of Education for principal and interest to date
on the last of the three notes mentioned in the within Mortgage, the other two
notes having been previously paid by the administrators of the late Majesty
Kamehameha 5th, the within Mortgage is fully paid and satisfied. In witness
whereof I have hereto set my hand this 11th day of November AD 1874.
Chas. R. Bishop…

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June 19, 1861
Levi Haalelea; to Charlotte Coady
Mortgage Deed
Covering Palawai, and various lands on other islands

Know all men by these presents, that I, Levi Haalelea of Honolulu, Island of Oahu,
Hawaiian Island, in consideration of the sum of Eight Thousand Dollars to me paid by
Charlotte Coady of Honolulu aforesaid, the receipt of which is hereby acknowledged, do
hereby give, grant, bargain, sell & convey unto the said Charlotte Coady, her heirs &
assigns, all… the land of Palawai, Lanai… The rights of the natives as awarded by the
Land Commission are reserved. To have & to hold, the aforesaid pieces & parcels of land
with all the buildings, improvements, rights, privileges, & appurtenances to the same
belonging…

This conveyance is intended as a Mortgage to secure payment of a certain promissory
note of even date herewith executed by the said Levy Haalelea to Charlotte Coady for
the sum of Eight Thousand Dollars & payable in one year from date with interest at the
rate of twelve per cent per annum, payable quarterly. Also, these presents are upon this
condition that if I shall pay the said amount with the interest according to the terms of the
said note, then this conveyance shall be void…

In witness whereof we have hereunto set our hands & seals this nineteenth day of June
AD Eighteen Hundred and sixty one.

Levi Haalelea
A. Amoe… [Bureau of Conveyances – Liber 14, pages 162-163]

[Note of Release, dated June 5, 1864 — is written across the text on page 162, but is
largely illegible.]

February 23, 1863
Levi Haalelea; to Walter M. Gibson
Deed
Conveying the Ahupuaa of Palawai
(Land Commission Award No. 11216, to Kekauonohi)

Know all men by these presents, I, Levi Haalelea of Honolulu, Island of Oahu, do hereby
sell, convey and grant entirely by this instrument, to Walter M. Gibson, and his heirs and
assigns for all time, that Ahupuaa of land, known by the name of Palawai, on the Island
of Lanai. Here is the reason for the selling of this land, Walter M. Gibson has given into
my hands, Three Thousand dollars. And in truth of this, the land and all things
appertaining to it are conveyed to W.M. Gibson, his heirs, assigns, executors and
administrators for all time. And I hereby certify and for my heirs, executors and
administrators that the words above are true. In truth of this I hereby sign my name and
affix my seal on this 23rd day of February, 1863.

Levi Haalelea.

All of the above words, and the signing of my husband’s name are agreed to attested to
by me.

A. Amoe... [Bureau of Conveyances – Liber 16, pages 264-265; Maly, translator]

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February 23, 1863
W.M. Gibson; to Levi Haalelea
Mortgage Deed
For the Ahupuaa of Palawai

This Indenture made this twenty third day of February A.D. one thousand eight hundred
& sixty three, between M. Gibson of the island of Lanai of the first part and L. Haalelea of
Honolulu Oahu of the second part. Witnesseth: That the said party of the first part for & in
consideration of Two Thousand Five Hundred Dollars doth grant bargain sell & convey
unto the said party of the second part & to his heirs & assigns, the Ahupuaa of land
called Palawai situated on the Island of Lanai together with all & singular the
hereditaments & appurtenances thereunto belonging on in any wise appertaining being
the same land this day conveyed to the said W.M. Gibson by the said L. Haalelea and
these presents are given to secure the payment of part of the consideration money of the
said ahupuaa of land. This conveyance is intended as a mortgage to secure the payment
of the sum of Twenty Five Hundred Dollars within Two Years from the date of these
presents that is to say Five Hundred Dollars at the end of Six Months – One thousand
dollars at the end of one year – and One thousand dollars at the end of Two years with
interest on the last amount of one thousand dollars for which several same notes have
been made by the said W.M. Gibson to the said L. Haalelea due & payable at the times
above mentioned – and these presents shall be void if such payments be made. But in
case default shall be made in the payment of either of the said notes as above specified
then the party of the second part his heirs administrators & assigns are hereby
empowered to sell said ahupuaa of land called Palawai with all & every of the
appurtenances in the manner prescribed by law & suit such sum as may be due to the
said party of the second part together with the costs & charges of making such sale & the
expenses if any that shall be paid by the party making such sale on demand to the party
of the first part his heirs & assigns. In witness whereof the said party of the first part has
hereunto set his hand & seal the day and year first above written. [Bureau of
Conveyances – Liber 16, pages 267-268]

[Written across the text on page 268, are the notes of Release, dated March 2nd, 1865.]

March 6, 1863
P.Y. Kaeo and Kunuiakea
Division Deed
Agreement on division of lands on various islands; to be held by
P.Y. Kaeo and Kunuiakea, heirs of J. Kaeo and G. Lahilahi Kaeo
Conveying Title of Kealia Kapu, to P.Y. Kaeo

Know all men by these presents, that we, J.W. Austin, the administrator of P.Y. Kaeo,
and H.K. Kapakuhaili, the guardian of Kunuiakea, the children and heirs of J. Kaeo and
G. Lahilahi Kaeo, pursuant to the settlement made by the Honorable G.M. Robertson,
Judge of the Supreme Court of the Hawaiian Island, passed on the 3rd day of March,
1863, that we are to divide the real property and assets belonging to J. Kaeo and G.
Lahilahi Kaeo, between P.Y. Kaeo and Kunuiakea, their children and heirs, as set forth:

For P.Y. Kaeo

…3. Ahupuaa of Kealia [Kapu], Lanai, described in Land Commission Patent, Number
8520…

The lands and rights to be for P.Y. Kaeo, his heirs, executors and administrators for all
time… [Bureau of Conveyances – Liber 16, pages 281-283; Maly, translator]
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March 14, 1863
J.W. Austin as Guardian of P.Y. Kaeo; to James F.B. Marshall
Mortgage Deed
For the Ahupuaa of Kealia Kapu (and other lands of P.Y. Kaeo)

Know all men by these presents, that I, James W. Austin Guardian of P.Y. Kaeo in
consideration of the sum of Three Thousand and Fifty Dollars to me paid as Guardian
aforesaid by F.B. Marshall the receipt of which is hereby acknowledged do hereby give
grant bargain sell & convey unto the said J.B. Marshall his heirs & assigns all...

...3. The Ahupuaa of Kealia [Kapu], Lanai described in Land Commission Award 8520...

…This Conveyances is intended as Mortgage to secure the payment of a certain
promissory notes of said date herewith made by the said J.W. Austin, Guardian of P.Y.
Kaeo, to J.F.B. Marshall for the sum of three Thousand & Fifty Dollars, payable in one
year from date with interest...

In witness whereof I have hereunto set my hand & seal as Guardian aforesaid this
fourteenth day of March A.D. Eighteen Hundred & sixty three. [Bureau of Conveyances –
Liber 16, pages 300-302]

April 24, 1864
Puupai; to W.M. Gibson
Deed
Conveying Royal Patent Grant No. 2903 (to Puupai) at Pawili and Kealia Aupuni

Know all men by these presents, that I Puupai of Palawai, Island of Lanai, do hereby sell,
grant and give by this instrument, entirely to Walter M. Gibson, and his heirs and assigns
for all time, my Parcel of land situated at Pawili & Kealia on the Island of Lanai, the above
stated land being Royal Patent Number 2903, and the boundaries of that land being:

Beginning at the very northern corner of this parcel in the center of a large clump
of Koli, Southwest corner of the land bought by Kaaina’s, running, South 14½ º,
West 16.20 links, adjoining the Government (land); South 54º, East 33.66 links,
adjoining the Government; North 20 ¼ º East 15.12 links adjoining the
Government; 50 ½ º West 9.70 links adjoining Napahoa; North 54 ¾ º West
26.06 links adjoining Kaaina, to the first corner.

There being with this parcel, 52.07 Acre. Here is the reason that the land is conveyed,
there has been given in my hands, by Walter M. Gibson Sixty-seven Dollars, $67.00. And
in witness of the same, the land and all the things pertaining to the land are hereby
granted to Walter M. Gibson, his heirs, assigns and executors for all time…

All of the words executed in this instrument, and the writing of the name of my husband,
Puupai, I agree to, and verify.

Kaai
Witness – Kalili.
[Maly, translator]

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Oahu S.I. There personally appeared before me Kailihune who being sworn deposes and
says that he is acquainted with Puupai the party who executed the written deed, that he
saw him execute the same and that he saw the consideration money paid. That he
placed his name to the deed as witness to Puupai’s signature and that he took the deed
to Puupai, and that Puupai said that he would not go to Lahaina, Maui for the purpose of
acknowledging the said deed, and utterly refused to acknowledge it. Witness my hand
this 28th July, 1865.

R.G. Davis. Justice Supreme Court.

Recorded this 28th day of July A.D. 1865 at 10 o’clock A.M.
Thomas Brown Registrar of Conveyances. [Bureau of Conveyances – Liber 20, pages
24-25; Maly, translator]

March 2, 1865
Walter M. Gibson; to Aldrich Walker & Co.
Mortgage Deed
Covering the Ahupuaa of Palawai

Know all men by these presents that I Walter M. Gibson of the Island of Lanai Hawaiian
Islands in consideration of the sum of Eleven Hundred and Twenty Dollars to me paid by
Aldrich Walker and Co. of Honolulu Island of Oahu the receipt of which is hereby set
acknowledged do hereby give grant bargain & sell and convey unto the said Aldrich
Walker H. their representatives and assigns all that tract on ahupuaa of land known by
the name of Palawai & situated on the Island of Lanai, being the same as surveyed to me
by Levi Haalelea on the 23rd day of February A.D. 1863 the deed thereof being duly
recorded in the Registry Office in Honolulu in Liber 16 on pages 264 & 265.

To have and to hold the demised with all the rights privileges and appurtenances to the
same belonging unto the said Aldrich Walker & Co. their representatives and assigns.
This Conveyance is intended as a Mortgage to secure the payment of two promissory
notes of even date herewith for the sum of Five Hundred and Sixty Dollars each made by
the said W.M. Gibson to the said Aldrich Walker & Co. and payable in six and twelve
months from date with interest at the rate of twelve per cent per annum. Now if the said
notes & the interest therein shall be paid according to their tenor then this conveyance
shall be void. But in case the said notes and the interest shall not be paid accordingly to
their tenor then I do hereby authorize the said Aldrich Walker & Co. their representatives
and assigns upon due foreclosure and advertisement to expose to sale at public auction
the premises before described and out of the proceeds arising there from to retain the
amount due together with the cost & changes appertaining including reasonable
solicitor’s fee for the foreclosure rendering any surplus to me, my representatives &
assigns. In witness whereof I have hereunto set my hand & seal this second day of
March A.D. eighteen hundred and sixty five... [Bureau of Conveyances – Liber 19, page
121]

March 7, 1865
Kamaika, Mahoe & Kuaole; to W.M. Gibson
Warranty Deed
Conveying Kuleana Helu 3417 B (to Hoomu) in Kaa Ahupuaa

To all people to whom these presents shall come. Greetings. Know ye that we Kamaika,
Mahoe and Kuaole the children and heirs, at Law of the Estate of Hoomu late of Lanai,
Hawaiian Islands, the two former residing at Lahaina Island of Maui, and the latter
residing at Lanai aforesaid for and in consideration of the sum of Ninety Dollars to be
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paid them by Walter M. Gibson of Lanai aforesaid in manner and form as hereafter
described. To Wit — Thirty Dollars in hand. Thirty Dollars or Thirty Sheep to be paid at
the signing and sealing of this instrument and Thirty Dollars when proved before a Judge
of Probate that the said Mahoe Kamaika & Kuaole and the children and heirs at Law of
the said Hoomu to the hereafter described property. For and in consideration of the said
sum of Ninety Dollars to be paid in manner and form as aforesaid by the said Walter M.
Gibson, we the said Kamaika, Mahoe and Kuaole do grant bargain sell and confirm unto
the said Walter M. Gibson his heirs and assigns all that certain piece of parcel of land
situated in the Ahupuaa of “Kaa” on the Island of Lanai, being the same as awarded to
Hoomu by the Board of Land Commission Award No. 3417 B on the 12th day of August
1852 and bounded and described as follows:

He. 34 ½ º Ko. 16.77 Kaul. ma Konohiki;
He. 56º Hi. 8.00 Kaul. ma Konohiki;
Ak. 34 ½ º Hi. 16.77 Kaul. ma Konohiki;
Ak. 56º Ko. 9.00 Kaul. ma Konohiki a hiki i kahi i hoomaka ai

Containing Fifteen Acres and Fourteen Rods. To have and to hold the above granted and
bargained premises with the appurtenances thereof unto the said Walter M. Gibson his
heirs and assigns to his and their own proper use and behoove forever. And we do for
ourselves and our heirs executors and administrators covenant with the said Walter M.
Gibson his heirs and assigns that at and until the unsealing of these presents we were
well seized of the premises as of a good and identifiable Estate in fee simple and we
have good right to bargain and sell the same in manner and form aforesaid and that the
same is free from all encumbrances whatsoever, and further we do by these presents
bind ourselves and our heirs to warrant and defend forever the above granted and
bargained provided unto the said Walter M. Gibson his heirs and assigns against all
claims and demands whatsoever. In witness whereof we have hereunto set our hands
and seals at Lahaina this 7th day of March A.D. 1865.

Kamaika X
Mahoe X
Kuaole X… [Bureau of Conveyances – Liber 19, pages 274-275]

May 26, 1865
Kauhihope; to W.M. Gibson
Warranty Deed
Conveying Land Commission Award No. 8627 in the Ahupuaa of Kaa

Know all men by these presents, that I, Kauhihope of Lahaina in the Island of Maui,
Hawaiian Islands, in consideration of Forty Eight Dollars to me paid by Walter M. Gibson
of Palawai, Island of Lanai (the receipt whereof is hereby acknowledged), do hereby give,
grant, bargain, sell and convey unto the said Walter M. Gibson, his heirs and assigns,
certain tracts or parcels of land situated in “Kaa” Island of Lanai aforesaid, bounded and
described as follows, viz.:

In the Ahupuaa of Kaa, Island of Lanai.
Parcel 1, wahi kula waiho (an open field).

Beginning on the Southern corner of this and running:
N. 27º, S. 1 ch. along the Konohiki;
N. 45º, W. 2.57 ch. along the Konohiki;
S. 49 ½ º, W. 2.96 ch. along the Konohiki;
S. 43 ½ º, E/ 2.30 ch. along the Konohiki;
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