The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1882-06-14

Tbs case l-ucs 90 tbs Court ig Bl1c
.rgu ils Intermediary Court oE Oahu. with D.,
stipulation tia. it shall he decisive ef ru
g-Ll- cases against the same defendants. g
VIC, the cases Of J. /. Wa.grl11sg. Nss-rs
L5ausis * >grl1s-u, O.. West, and c. E. WI.
Iilus
Tie following are tie facts A piece q
lard Do Honolulu vas purchased Of John Era
j.. ay Robert Briggs and the Conveyance there
-1r made 70 A. J. Car.wri git as trustee f1r
Mrs. E1suuta Briggs, the wife @. Rcber
Briggs This Conveyance contained q rrcvis.
ION, ll substance. that tbe trustee should con.
veg the estate .g--wh9ever Mrs Briggs should
nominate She nominated herself, and Nr
Cartwright accordingly conveyed the estate q
-l-, and, on The 5Lst March, l $50. she ard
husband joined In executing o mortgage Ga
Mr.. Cartwright Of the premises.
Under q power Of sale iu the mortgage !
sale was effected by the uortE4E1e, Mr.. Cart
wright he was summoned as -lrnishee and
stated that the surplus IN bis hands, after
sllistyl1s the mortgage debt was about 81 900
Els mortgage contains this clause. " And the
s1rUl-s If any shall bs paid 90 the said Eu-
gzula Bu--s, her executors, administrators
and lss-u
Mr. BHz-s gave Lis attorney an order on
Nj. Cartwright for the money. which was
presented and payment refused az Mrs Brf--s
also claimed tic money.
The plaintiffs we're al prg-Ezisti1- creditors
before the mortgage was given.
Tie question Is whether the proceeds Of the
sale Of the wifg's land arc available bv The
Elulslse process 70 the creditors d tie
husband
gur statutes declare that tie vifss' real
estate = Egt Liable for the husbands debts but
her personal estate Is his by yiItus Of mar
rage. Civil Code. Ser 1885
Is the fund attached personal property Of
the wife
" II tie real estate Of the wife De converted
into personality during her life ty the vyI-r-
ta-y act Of the parties, the proceeds become
personal estate, and The husband nav reduce
@ bis own possession OF otherwise take the
proceeds -ScL1ulers DON. Rel g. $50.
The act Of executing a mcrtEa-e upcu tie
viie.s lands was voluntary and i stimulated
that sale might take place and the land be
converted lEt1 money or personal property
Inc sale l1 pursuance Of the voluntary mort
gage -s % different than If the sale was the
direct act Of tie parties and not that Of tie
mortgage
Tie case Of HassI0cler ys. R5birs51's
EEs-Gt0rs 3 Hawaiian Reports so IS authUri-
q that the husband must do some act 70 re-
tE1r Lis wite's personal property to
possession, that is, be must IN some way
assert bis marital right % the property, and
creations cannot exercise rights Of that
character without the assent Of tie husband
lt seems 90 Us that the husband las done
what be could 70 obtain possession CT a.
fund and 1t Is properly tie subject Of the
-1rulslcc process at the suit Of his creditors.
We should say, further, that the vogds 10
Tie mortgage tLat I" the surplus shall be
paid @ the wife Do not under the author
ties exclude the husband OF create a trust for
the uits's separate use.
Bright Husband and Wife p. z15 20 2If.
The saruishee must Re hlIf. Judgment
accordingly, IN each case.
+. n Hatch for Plaintiffs.
C. BnwI and A : HartveiI Ter Dsfsu-
ia1tz.
H1u-i-Iu. Nav s1st. L--g