Kapule v. Mokuhiwa

OPINION OF THE COURT BY

JUDD, C.J.

Tbis is a bill for specific performance. Tbe circuit judge dismissed tbe bill on tbe ground tbat Mokubiwa, tbe defendant, did not bind berself to execute tbe deed for tbe conveyance of tbe land in question, saying: “'There is a doubt in my mind as to tbe genuineness of tbe cross mark against Mokubiwa’s name, for there was no witness to it.”

Tbe decree dismissing tbe bill is appealed from by plaintiffs. Tbe substantial facts alleged in tbe bill and sustained by tbe *16evidence are, that Mokuhiwa being possessed in her own right of the land described in Eoyal Patent…