The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-12-31

power IN the case at bar corr
above in requiring entry a
not that the sale be helt
Both cited cases require Ell
gestion in the latter that
might be equivalent.
The proceedings upon
property without suit Al
Chapter NNXIu of the act
provides that when a pow
tanned in q mortgage, upon
dition, the mortgage may
intention TO foreclose by pul
weeks before advertising h
perty for sale, "and also
and do all such acts as are
quired by the power contain
age" He is, thirdly, to
gistrar of Conveyances,
after said copy of the motto
fdavit that he has in all
with the acquisitions of the
relation to all things to be 4
selling the property" Th
of the power of sale in thi
and possession. The par
this a condition precedent
without regard to any stat
it; so, if it had been made a
sale should be on the mo
the statute not it requiring
other place would not be vail
sidered that the statute requ
weeks publication of intel
abrogates the condition prece
have made it, that there /,
entry and possession taken.
vides that besides such nc
the mortgages shall also Civ
do all such acts as arc autho
by the power.
The evidence in this cas-
PENDANT mortgage only dc
due and threatened to forecl,
to fOreclose can only be cons
take all the steps required
closure, among which was II
demand for debt due caunot
entry or taking possession.
we hold that the sale of the
invalid upon the first grol
How far this is applicable t
chattels will be considered i
third objection.
In regard to the second o.
sale made on the twentieth
publication of the notice WI
ance with the condition in
first giving three weeks MOTIF
place Of sale, We hold that NJ
ty-one days was requisite.
which seem TO support the d.
are applicable to cases wher
notice lie required to be a C
times in 4 weekly newspaper.
wise when a publication is r
tain period of time, as in this
weeks notice." not after Il
weekly publications. For Ii
and citation of authorities on
70 the opinion of Mr.. Justice
The learned Justice also
on the third objection to the
made in q fair and advan
This objection applies only
chattels.
1t will not be contruverted
quires the mortgage in tn,
power to use discretion in a
reasonable manner, not to OF
or TO sacrifice his estate.
Section 602.
We must apply this prime
and circumstances Of every c
This sale was held at an al
city of Honolulu. So far as
concerned we have 10 reasc
the sale in town was a disa
mortgagors. 1t is in accorda
tom Of long standing. 1t wor
ent and disadvantage in n
conduct the sale Of real estate
especially if there were sun
distance from town and f
Important sales and auction
in Honolulu Of estates situat
the Kingdom. And if the ?
long enough there are many
support this practice. Homo
| quarters Of capital and busin
try Of deeds, the Land office
Generals Office are here.
conveniently inspected and
tanned at the auction rUoms
fees during all the interval b
ment and sale. We do not d
place Of sale Of the real estat
case.
The cattle, horses, carts,
described in the mortgage q
homestead of the premises b
miles from town. They we
100 head Of cattle, more or lie
and running at Manoa sc.
Mr.. Castle. "There was /
knowing what the stock wal
presented They were sold
perhaps (sOme) in lots of twl
some controversy. / consii
sacrifice. The whole prop
$4,000" The plaintiff Syl
30 good mich CONSISTS is
for a good mich cow-none
was present at the sale-no
taken by defendant Lopez TO
sale-I proposed to drive then
said No.'-The COWS sold f
calves-no description of the
the sale-tvo lots were sold o
lug 500 and SIl0 severally.'
We might cite other evide
vincing that there was a
Was it necessary? We think
Il is said for defendant tina
not have been driven to th
That is true. Police regula
permit it; but they might a
been collected on the mortg
Intending bidders would not
vented from attending by the
srue, as counsel says, there N