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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, January 17, 1883, Supplement, Image 6

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1883-01-17/ed-1/seq-6/

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arnages
were Uierc from xoore than half Uie States in
Use Union rnthnsiaftic wca and icemen wl
bad made it a sccre&s, and it is raid to hive
been inspired to see the crescendo ofcnthnv
Bium. net cclr imonr these, bet among-thoak
southern boundary. The word is from the
Wyandotte Indian dialect, o-ha-tnh, and
means, "something great,"
Iowa is named from the river ot tint name;
ihc-riTtcircm thc-Iowar-Indian
Ladies Hose, Mcn'a Hcadj-tnade Clctbinx,
India Rubber Coats, Caps and Leggings,
Regatta and woollen Shirt?,
ltlue and Grey Horse Wan Vets,
NEW YORK & ENGLAND,
Receiedlm.Castle.&LCInnlrA
V0
4
Sipma Covt of tit HavalUn ItUndk
Ill Banco.
His iliksjr Kalaisaa ami' Her Msjoty
KspjoliTu vs-G. AV. Kcanramalu otal. "
Before Jndd OJ, licOJl v and An-tin J J
A jcry wa? Trairal in this case zuk! it
eaae before as in the first instance hv con
2t in vacation, ciwn an acrreJ 5 tatrmrot
offset
It is an action of ejectroent to recorer
tte posiessSoa of certain land sitnaie at
ftrnlena. Manoa. District of Eona in the
Island of Chin, dftibod in Koral rateat
Zealand Coanaission Award GloOto
Kancnohna (w).
lie planner claim to recover, for Her
ila jesrv Kapiolsni. as grantee of the lineal
descendant of the tea- of Katmoohna.
The defence is a general denial, and the
statute of limitations. The agreed state
ment of facts is as follows :
"JTbe premises named in plainiinV com
plaint "were awarded by Land Commission
Award Xa. 650 toKaunnohna (w) ; that said
Kannnohca died in the yearJSlS withont
isrne leaTicg her snrvivmc husband AV- L.
Jfoehonca ; that said Moehonsa tool out
letters of Administration npon the esiate
of said Kannnohna. March 13th. 1SS : that
id Jfoehonca died in the year 1S7S never
haring Sled any accocnts as such Admin
istrator. and nerer having Kvn discharged
fnxa said trust ; that said defendants are
the heirs at law- of said ATeekosna. and are
in possession of said premises; thatKa
haraanwai Eanoa vl is the nearyst H00J
relative of said Kannnohaa, now livinc :
Kiwai was the father ofKannnohna. Ke
vTiLaorx) was the mother of Kannnahua :
Kiwai by Heleiao had a danchler Kanoa
who was the mother of Jvamahiai (w) who
was the mother of Kahanaatiwai Hanoa :
that theplairtif.Kapiolam lias purchased
aid premises from said Kahanaacwai Ka
noa; andrjowhoHi all the title of the
latter thereto.
"It is admitted Hanoa was living in Ho
noldn when Kannnohna died. It is also
agreed, by and between the parties to this
--nbmission. and admitted that, the record
and procevdincs in the Probate Court, in
the matter of the e--tate of Kannnohua f w)
of March 13th. A.D.1SH. and also the
Record in the estate of Mbehonna. more
especially the claim of His ilajestv Kala
tana. al May Pi, ISSi and raweding.
therennder in said record, and the rv-conl
and proceedings in the two suits in eject
ment, wherein Kapiolani. Qneen Consort
is plsiriifE. and Keawesmahi et al art de
fendants, fled repectivelv in March. A-D.
lSSl,andFebmary. A.D. 1SS2. IvmaJe
part of the record of snlmiiwkm for the
consideration of the Court
-Itis also admitted that AV. L. Moubomu
was in possession of the lands indispnie,
forming the ejteio of Kancnohna from the
13th ofMarch, A. D. 1SS. and that be and
his heirs have continned in posessioB
thereof, to the present time, excepting the
land o! Kilia at ATaitiii, of which, plain
tiff claim to havebnin possession since
the month of May. A. D. lsSt-
From these facts we think it most lw
presrmed that Her Majesty the plaintiff
the jrraniee of the Hneal descendant of the
Iawfnl heir of Kansnohaa.- The illegiti
macy of her grantor or her ancestors is
not to be assnmed cnless clearly proved,
and there was no such proof.
The substantial question in the case i
whether the defence of the statute of limi
tations is made out
Under the agreed facts it most be as
snmed aher the marriage of AV. I. Moe
of the stainte of 1S45. he took and held
possession of the land claimed, as her hus
band and that he held possession thereof
at the timeof her death, and thence till his
death inlSTS; and that thereafter his
heirs held and now hold the possession
thereof. If this possession after the death
of Kannnohca, was adverse to the plain
tiffs, their right of entry was long since
tolled, and they cannot recover.
The plaintiff daims that byTirtaeof the
appointment ot Moehonna as adnumstra
tcr ot the real and personal estate of Ka
nnnohna his wife, he became a trustee for.
the, plaintiff" and those ender whom they
claim and that thereafter he remained
their trustee till his death, and that, there
fore, his possession of the land was never
adverse to. bat was in accordance wimine
Uintiffs title-
It is a familiar principle that a trastee
win not in general be held to t&ke any
larger estate than the natsre of his imst
requires.
iiee 2 AVashbcm on Real Propertv. p.
iXi.
II the administrator was sach trustee
and was thereby entitled to the possession
of the isrjperty in suit it was only tempo
rarily, and tar the parposes 01 paying
uezs and sat'ject to tins oaty ine neir was
entitled to immediate possession, and to
the receipt of the rents and profits. If the
heir were in possession at the death of the
ancestor, we feel sore that the law would
cot allow the administrator tooosthim
from the possession, except upon pftibon
peiore me rrooaie ion snowing ice ne
cessirv xf selHrn; the rroperty to pay debts.
In the nroceedimrs in the lobate Coort
in this case no seen potion was made, nor
was any indebtedness snown, and Ute
proofs show that there no personal pro
certv. AT. LMoehansa was m possession
when he applied to be made administrator.
AVhat he then claimed to be the natare of
his rjossessioc. and what trast he then in
tezaled to sssame, are to be determined bv
what was then said and done.
The petition for administration and the
. 1 1 . .t .1 . .
m tee case ana are as roaows :
'HorWr.la, ian'y 2nd. ISoi
- To the Hon. ATia. L. Lee,
Irobate Jndge.
"The endersigned hereby prays to ad
nr&T (re frsUf'k the estate real and tt-
nocal of Kaannohna Dy wife who has died
in Honolulu. leaving no written Wilt bat
Use day she died sae lert or vara 01 moan
in my "presence and in the presence of
some other persons, all her property to
which she had any right to me her hus
band. This is what I asi: of ycc Be
pectfuEy AT. L. Moraoxri.
-SrmioaCucxr MixcElSth. 1S3Z
In the mztierof the Eftateof Kssnsohua. 4
- Before AT.Ti Lee Chief Justice
-PrejeMi W.L-Lee, HaaMea-Moeho
vbm, O. Kfaxtes. et at
KiiiHi.iliMii.saw--IaeyKiiliii 1
palace ; she is now dead ; she died I think
in 1S10 : she died of a 'roai maoli,r an in
ternal disease ; Iwas present and saw her
die ; I lived with her a great many years ;
she had a land (an ili) called Aipulena in
Manoa Valley : she had entered a claim in
Land Cconra'n : she had two ili in Kalihi
called Mokauea and Xiihan 2 ; she entered
claims for them: the Ahnpuaa of Kalau
papa on Molokai ; she had no personal
propeny onx uer cioroes : sne mui a muo
house lot in Lahaina. at Molokai ; AV. L.
Mpehonna was her husband ; she has no
brothers or sisters or parents ; Moehonna
is her heir, and no one disputes the pro
perty with him : there was a dispute with
Alexander xonolino about two notise lots
but Moehonua has relinquished them:
she made 110 AVill to my knowledge ; I did
all her business bnt "never heard of her
having made any AYill.
PAki,svrom.sAvs r IknewKannno
hna ; she is now dead ; ho lived in Hono
lulu sometimes with the King; she died
sometimeinlS19; Moehonua is her heir ;
I have heanl of no dispute to the proper
ty: I have never heard of her having
made any AVfll, except by word of month ;
the property is as state! by the former
witness.
-- Xo Tieism annearinir ta (miwfl the atv
plication the Court did order letters of
administration to be issued to AA". L. Moe
honua. without filing Bonds.
(Signed) Hrxar Hhodes,
" Clerk Sup. Court
"Letters of administration issued in
usual form."
The retition was presented and consid
ered February loth. ISoi
These papers arc conclusive that he
then claimed as heir of his wife.
Kapun. the first witness in Probate
swears, that Kaunnohna has no brothers
ot sisters or parents that "Moehonua is
her heir and no one disputes the property
with him."
This shows him to have leen then m
possession claiming as heir.
By the agreed facts we are now bound
to say that Kaunnohna then did have a
sister livinc whose lineal descendant was
the plaintiffs grantor, but the above proofs
show that Moehonna disputed that fact
and claimed to he owner of the whole in
his own right
The petition shows that Moehonna said
that Kaunnohna on the day of her death
made a verbal will in his favor.
Prior to the enactment of the organic
laws of 1SJC a verbal will might be made.
See estate of L. H. Kanin 2ml Haw"n R.
r.sa-si.
In that case a verbal will was e,tablished
in favor of his pre-ent Majesty Kalakana.
But we think that when Kaunnohna
died a verbal will was no longer valid.
See Stat Laws 1SW pp. 249 -91 See. L
Laws 1S1T v 53 Sec 3.
It is however evident that when Moeho
nna accepted the administration ho was in
Eissession openly claiming to 1" heir of
aunuohna and" to be entitled to the pro
perty in dispute, as owner, against all the
world. This claim, and the petition and
proofs then made, characterize and qualify
Ids acceptance of letters of lministiation,
asd show that he was not trustee for the
plaintiffs, or their crantor and that he
never acknowledged the existence of any
-s&eh relation.
The probate proceedings are matter of
record. The si-ter of Kaunnohna, who
was then living in Honolulu, and under
no disabilitv. must lx- presumed to have
had notice of those proceedings ami of
Jloenonnas claim to tne uue. Aiiera
trustee denies a tmst his possession is
deemed advtrse.
See AVashbura 011 Ileal I'mperty A'oL 2
p. 493, Perry on Trusts A'oL 2. Sec. 8M.
Moehonua not only denied the trust : be
never admitted it and it may be properly
inferred that he took the administration
because he lieheved it would aid his claim
of title as sole heir and it was his assertion
of it in Court He expressly denied the
title of all other heirs. An administration
so taken cannot possibly be construed into
an admission of other's rights.
A possession adversely commenced is
presumed to coctinue adverse, so long as
maintained. Bogardns vs. Trinitv Church
I Sand. Ch. ps. CO. 733. 1 Grwnleafs' Ev.
See.4L
AVhea the administration was granted,
the possesion of Moehonua was adverse.
This condition continued unless taking
administration was an abandonment of
the character of the possession, and we
think we have shown that it was not See
Jackson vs. Sears, 10 John It, p. 435.
The circumstance that the title claimed
was void orcoxnmenced in fraud of the law
does not detract from adverse possession
commenced under it See Bogardns vs.
Trinity Church. 4 Sand. Ch. It, p. 739.
IlarpecdiEg vs. The Keformed Protestant
Butch Church. 1G Peters It. 455.
Even though Moehonna claimed tinder
a verbal will or claimed as heir without
any reason for it, his claim was none the i
less adverse on that account
For these reasons we hold that an ad i
verse possession of thirty years is made
onh and that the defence of the Statute ,
of limitation is established. j
Let judgment absolute for the defend-1
ants be entered with costs.
Hon. E. Preston and F. M. Hatch for,
ptaictins; J. It itevidson lor defendants.
Honolulu, January 12th. 1853.
. O. Hall &; Son!
CtI.TR IX
Hall'sSteelPlows
Cc "ir- t; tilSirrbt-s nittlr foi thca hy
" Moltno Plow Co.
A6HTCFLTUBAL .
DLPLEMENT8
California
Furniture
RANGES
OF ALL SIZES:
KITCHEN ASD HOUSEHOLD CTESSlLS-ot
PAINTS .VSD OILS-of all kSnd;
LUBniCATIKG OILS-best stick in th market;
KEl'.OSEXE OIL-Smtt's, Xoondsy i Lnsbal;
SILA-KIt l'LATED W.UiE-from 1UJ 4 lUrtan;
SOLID SILVER AV.UtE from UaOorhani Co.
TO WDEIS all Vinds. from Cala. IWlcx Works;
CAltCIAGE ASD MACHINE BOLTS-all fires;
SlieK
HARDWARE
A Splutlid Assortment;
l.EATHKIt or All I)ecriitioti;
forr-it ur- i'M.t,. or tiirtlmtaTi'.HTrtfeTOcr
fi'WMm 'i miEXDS OUR HEW DESCRIPTIVE
CAKLCGDI. - r ' ni to ay our poa pplt
rolioo OTMi!iri'53ni r rait pl. ndidStoctof Goods
AT OUR WAREROOMS tvatrr of Fort ud
Kite Srrr-r:- Tfn.--lf:,i. 9ST
A2
To Be; Or, Not To Be,
s. s a
COMFORTABLE
JSKAVTIl'Ll. UfIDCK OX
Ibf ft' Bt . W nttr- WfclE tt tOWB l OS jMTrttU
Miblc m4 nrrrtkia- absol Ut kor to tailt !i cota
farubtcacd inTitiof. PLal J3) pr woo
X T.KX arrat ronse to trst on lVrrtaaU Jtwi.
a4lUs ttw ate TULBK PRlf, nnx th ear
tvYaf Vlrtorti Mrcrt. I'amXaln wis Beoau. MibW-.
WstT IxU m. rtr. f4 fcd tx. S prr BKmlk.
OX LII.I11A Si. mtt VS1NC. SC. riimi lttt
Ctttr wltl thB&rm, VlatfT SttWr. PaddorE. C.
Kmtti weatk
ONXJL1HA M. lxm M'llOOL M , a vault
o5e rMUto mt It $lSTBMB(lt.
OS QUEEN R. ar Pl-NCHDOWI. St a taull
Cooacc.at K p-T auaik
OS BERETAMA MAt S'AKEA Si- oa
tkrrr-rooai VdtUgt to rreu st $! frr iaetk
0 XI I AXV AVEXI E. near trI Bridcc I aart? x
v noa Cattmt to fW tt BMata a ad Fantt-
taT le H1 tm m wiialg Hi mm.
OX tar Corarr of ALAKEA aad OOTEL Mwt, a
Bcaiatifil Lmtt Hw ut Leaf, mtalai II BMsaif
vith Kitt-arm. Balk. A. Thr Hur watnl asd u
RjuUe tat Lf&mx Hto- pnrpeme.
AT prXABOBaa !bi KnJdcsrc am drcpLM.
! Sell- Mvnrnl aemot ImA !ot!L i)m adMalar.
Taff i Mr f tar Besldcscr la the Pmaaawe
dimtioa. .Vrtrviaa Well Waxrr rafplin ta fnmit.
Trrm9 rraoah4
AT KAMni, ivu Bilr from tva A a4cuaat
Htwacd t trst or Ira- Min Am f Gnwad.
ALSO Will Le A err of Paatnrr La ad adjotsis.
1 HAVE a Hfed BiVar Lot on Xsaaaa Atcbbc
mt kr bridge, to M-tl tor SIU. 1M. TSiSi.
Tbrfr Maail aoafe rr worn on hm Load. Okjici of
M-i?ft- t a foma, eoatrj-. TmuntfwiUe.
I n AVE A mr fnri LEASE to Sell oa Fort S trort
Oa Hrfr 4m lA wtta tan nrat Cottarrs tbrrwa,
arte-ra iaaaaealhljr rcartal of X. S1.1I1 pr
rkM it Elrm aaadnd do flan bo oa atftrarr
payaUe la areportioa I.taadSycara ; t to oopaM
poyaUe la areportioa I
wa oJy Ta L
OK IS nritV HfOjtN
KRAFT,
OPTICIAN AND JEWELER!
UiWAlUi GAZETTE rCTLDISG. XEB
CBAST fTEEFT. noSOLClX.
Has ReceiTsi, Per late Importations,
A Lrj oad arvd JiMrUHlt
Optical Groods,
tjr GUm. S pcctaclca. aootix- OIom. rU
O" 33 "W 33 31. DEt "2",
LATEST DEtlGSS
kWatches,
Fran tfcr FarumY of it Mtt Aftre
d JtakKm, la Cl aad t&rrr.
oa tkr wMr pruaiat BaiMfas iasarcd for
Tai it a pplndid levntaanat to realize larre Brofitt.
WoaU sot be dbpOMd of mij party tearing IloaelatB.
Bsildls- arioac to pvcfcaor
I HAVE a bkc Baikltor Lo to Itarr for JTJjrar. -t
tar toeadof Ktnaa frtr-rtt9 a party drrlria; u errrt a
cottace larrvoa.
OTHEfc Ham u Lrt, UTHEB Laad to Srll aad
OTHEK itratareti o5ntd oa apsHcatan.
SEFVKITS, KECTXIICS HD U!3?R$ a t4mj
Esptoramit Uama alwar oprrnr is lappJjia;
v aat taaa aaj otkrr '.a ta Ht;
GEXEBAL OmiX WORK f -rr. Lowrriaj
drrrrtprloa attrvdrd to
J. E, WISEMAN,
ST MrrrhaBl Mrw
HrAl IZatate Broker. Emplcynxrnt Agent
and General Basineo ieent
liT TELEPHOXE 172 " tn.
A COMFORTABLE HOME
M 5
THE I vEESI'.n. nS BEcEXTtT
fitted Up in Elegant Style, the
Large, Boomy Cottage,
For. r.i WImpac y - Lratw EfXT- ' Nam
an Krw4. Tti4 ttrt.uia'nUi lloed prtKifc.for
VrBV$uaxf A SUPERIOR LODC
INC HOUSE, Tfc. asm' oMbl preirzci TrUrti If
CaUedthe "White House."
It caaaot be acrpaMed ia tbe Eteosr tar Confort
aad CWallsm. TW Arocadt arc f'paciou asd Or
tumt(4 Kk raade Tra Prrwti of rtpcibClir)r
Buy alaire be ma of a Cfectrfat Hook itrrr- X tiV
tlx Cooca l m awt for ta coaTraiesrr of ti
liaexta. A FEW SioEE KOOXS A HE VACAST
Temr tiwr aafimtt.
MRS. J.T.WHITE,
Propr-rr of ta VfcUr IJqb "
Xaay of -u rW wl'i rmfnW Vr WUte a
ProirttT f tke Lodftof !! oa Fori atrtC d
Soiata tae Paxtlea fruUn. Urb v tora a Ca
f orUMr IIosm vadrr ba niuaftt fc3 So
CEO. S. HARRIS,
SHIP AND GENERAL BLACKSMITH.
SHII, BRIDCC. HOnC AXD II HA IT
Haroo Wort Kooldja- Bm Plaittat Eatwa
Aar V aad Ai trfslrrd. OooMaifca, Craak Axkra
aad Wi-w Axa aside for tle trade e mMeaW
ten
.Heavy Wagws for Tractiwi EngiMs
ARTESIAN WELL TOOLS
I AS. Ordm Prmpd Alladal , md Work
atwaaWa
Company's
3Nr33"SA7" STOR.B !
Nos. 56 5c 5S Queen Sts.
wt PooritojMamic Hall,
New Goods
Stiiir. Suez
Klcaatil Parlor Suits.
l'rima Xora lU-dnmm Seto,
(Jiiito a "i'w Style:
COTS,
Jnt;thc Thin; Tor Plantations
Woven Wire Mattresses,
Hair & Spring- do.,
Curly Hair do.,
Hair and Feather Pillows,
Mirrors,
Sheets, and
Pillow Cases,
Excelsioifand Straw Mat
tresses, and
THE LARGEST STOCK
ALL DESCRIPTIONS
FURNITURE
S WEI I
The Lowest Prices !
E. P. ADAMS,
Agent for the Hawaiian Islands.
HIVE JQST REC
rm.ii oi
? Nor" West & Radwc
X TTTVTTJTl
WANTS SUPPLIED
Cheap for Cash
DO01 WANT.V
Callaltt 110XO1.1T.I ARRtAt.E BSrOMTOST
DOYul WANT A
nnrTER pii.cto.t
Cll I tkr HONOLVLV l tRRIAGE RENWITORV
DO YH" WAST A
1'on.M.Mi ri-iTiURn m-bi.m; rn.vr.r
ch . iv nosoLru- cariuaoe rei-umtuky
UO YOV WAST A
TW M-lTril ROC k An ATT
CallM tke HOSOLl'Ll' CARRIAGE REroslTORY
DO YOC WAST
.MoitnwAiiu with siivntr
criiuH HoxoLrxr carriage KEnrroRY
DO YOV WAST
rinsr.cuAvs cxruixHAUu.i;
i-aii ii i noxoi.ru- arriai.e reivitory
DO TOV wast ose op the
UlillT.M.Mi Jl'Jir r.Tr.KRIAil
Btzn X t'o'i jMtct. akd rmr of Ur t-l unmzt Ik
tmbuicvaBl kUcIt fvr twv r fnmt yii tut
cm Uvnlrd
Cu u tkr HOXOLrtV CARRIAGE RErOinvftY
IK) YOC WAST
iiAitMtM, unn,iiir
or CarrUsr Triaunfckn of u, DvMrtptin
DO YOC WAST YtlCR
cirri tii:fiRiri;ii?r reiaitkii
CEllllll
DO Tor WAST TO BVY A
SLf OM1II A.M ARKI ACL?
Callatlkr 1IOSOI.ILV CAKKIAGE BEIwrrOKT
Give My Stock an Inspection Before
Parcnjuing- HUewhere. and
As I Guarantee My Coods to bo
all I Represent Thorn,
All Hcfrrt nlll lie Jladr 1,'ood In C.v r
Dl-atl-fjctlon
riTVrctrils. J. TT1 gglnB,
Ptwrf1rtCT pf 111, Ui,. , u i Itrrolu
ry. S. 3W Jt VJ Kias t , UnoiuJm. m4
AsmfvalrMr, ri-BnsAls .J Aainkar,. M4
The?fot r.ltfnllf 3tannfartnrrr
In the fulled Mtr,
tST DOST PORCETTKE UX AT10.
New Goods !
New Goods !
J.T.WATERHOUSE
HAS JUST RECEIVED
Ex " GLENGABER " and
other late arrivals,
TnErrvEsT 'l'XKT.'r
NEW GOODS
to m: lot mi in tiik KiMwxm.
A VISIT TO HIS
NO. 10 FORT ST. STORE,
King St. Store,
r Reco ,M,
N til
adrYOOd r ot oi.
AUo, by Recent ArriYals,
I n3 H KlniK. ft ml. I -
l. ....... -KIaKISFM
MJfciiaiaiaaiMitiHMiMi r imum i aiii.tBimiMWiwmf MMfn i iinr ri mmm- m in t.'it h ii mn . . . .1
Eastem WHITE VIM,
Black-walnut,
Port Oxford Cedar
Oak, Ash,
UILDERSIIARD W A RE,
Will well repay the care
ful buyer, for his trouble.
BUILDERSIJ
A LARGEll
IA LARGEllASSORTM'NT
P
AlX
AXNTS, as follows :
HfBUrcKh- OILS, HXC. iXH.
I'ICXnai, ATLANTIC ANU
XTBEKA I.E.ID, unn'i csfcn,
- Ac 1.
SA and 6-
White
China
Matting,
AM A DCZES VIBIETIEl, tji
FANCY COLOH'I) MATTING
ALM
J. T. WATEliHOrSE.
itKi'im-wiiT tin. w u,a
UNION FEED COMPANY
Best ol
Hay and Grain
COKSTAim.Y
o ir ec3ntid
ORDERS MH.ll (TED
Prompt and Correct Deliver)
GUARANTEED.
0nltrM.ni br (frateruIlT KetrhH
hf X. IV. LIISH, Managtr;
i BTMl II 1. 1 tmi t CO.'!. f CT IT . TOtrMM H.
OB AT THE
P
P I ll mil XT
APER HANGINGS ' leIcPnonef-1o
THE LAEOEST ASD .n,
best assoatment in the city. Union Feed Co.
rtr- r.n ei Eusi Ou wt
LCWE8R onnvc
HONOLULU, P. . BOX 127.
A. w-.asrrirac.

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