Okuu v. Kaiaikawaha

Opinion of the Court, by

Judd, C.J.

This is an action of replevin tried at the last term of this Court. An exception was taken to the rulings of Mr. Justice Dole, presiding, in excluding evidence offered by the defendant tending to show that the bill of sale, absolute on its face, which conveyed the chattels in suit from defendant to plaintiff, was given merely to secure a loan of fifty dollars, and was in fact a mortgage delivered by defendant and wife on that understanding, and received by plaintiff as such.

On the exclusion of this evidence, the defendant closed and the Court directed a…