Joseph McKenna

“ In passing on the contention the supreme court of Hawaii said: 'Counsel for appellants [appellees here] contend that under the decree in the Lewers & Cooke Case the whole matter is res judicata. But as the appellee [appellant here] was not a party to that case and is not a privy of Lewers & Cooke, Limited, the ground is untenable.' As to the last proposition, that is, that complainant was not a privy of Lewers & Cooke, Limited, the view of the court seems to be sustained by Wood v. Davis, 7 Cranch. 271, 3 L. ed. 339, and Cadwallader v. Harris, 76 Ill. 370. The first proposition is one of fact. ”

“ Kinimaka, Pai, his wife, and their children, in the supreme court of the Hawaiian Islands, in equity, alleging that Kinimaka held title to the lands in trust and as guardian of Kalakaua, and not otherwise, and praying that he, Kinimaka, be declared trustee of the lands for Kalakaua, and be decreed to convey the same in fee to Kalakaua ”

“ The defendants held the legal title to the land as tenants in common, one half by Mary Atcherley and one fourth by each of the other defendants. (4) Such title and titles were held by the defendants respectively as trustees for complainant, and that each of them should be decreed to execute conveyance thereof to complainant, all and singular, the matters appertaining to the title having theretofore been litigated between the predecessors in title of the complainant and defendants respectively, and that the same were res judicata. ”

“ There was a replication to the answer and an amendment to the amended bill, and it appears that Mary H. Atcherley conveyed an undivided half of the property to Lyle A. Dickey and Edward M. Watson, two of the defendants. They were made parties by consent and answered in the case, in effect repeating the answers of their grantor.
It was decreed that (1) the allegations of the bill and replication of complainant were true. (2) The defendants and each of them were estopped from litigating against or in opposition to the claim of complainant. ”

“ That Kinimaka was the testamentary guardian of Kalakaua's property seems to be beyond the range of dispute at this time. If the relation existed in fact a question as to the regularity of the appointment would not prevent the assertion of any rights the ward would otherwise have against the guardian. 'It is not essential that a legal guardianship should exist ”