The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-04-08

us AnAA We - -
the 18th August lSS3, took a
the Heoia Sugar Plantation Com
alton established under the law
Of California, upon all the prop
inr the Hseia Sugar Plantation
repavmeni Of 500, 200, in the Oh
interest semi-anuually: and.th
more have been advanced by P
on tbe plantation; (2) that I
interest $780, due 90 the
1881 has not been paid; (5) ID
purpurtcd to be subject TO the
mortgages, (hrsN frUm J.
Alexander Kennedy to II. /
dated Sept. 30 1879, and now
assignments held by {. NJ Co
(second) from J. McKesEue
Kennedy to II. MacfSrlane X
dated july I ISL, tthirdl a
J. NcKeague te Alexander
sept. "a ISL; (i) that plainh
aad believe that the last mort
was coliusive and fraudulent,e
date Of the execution Of the
Macfarlane & &C, Mckeagu'
were partners and plaintiffs {
ifthere has ever been q lee
said partnership; that henn
Of abode in this island was az
:. NJ. Damon is his attorney !
C6) That said mortgage troI
Kennedy to Il. Mac.Arlane &
secure the debt due to II. ]
and for moneys advanced by
the said mortgage was, aurUu
upon the lease Of the Ahupui
{. r Bishop and wife to job
by . subsequent agreement
ls66, extended for the periO
ditioual te October l 1891.
date Of the mortgage 10 II. :
and before the date Of morig
tie lease aforesaid was ca
knowledge and consent o.
Co, by written agreement
lSsS aud recorded. that a
Ahupuaa Of Heeia was excel
Plantation Company dated
for the term Of % years COT
iss2, and that thereby II
lost the security Of said leai
OF HeCia.
I The bill prays, for an
due plaintiffs, principal and
mortgage
> That in default Of pa
sugar Plantation Company
Of their equity Of redemptiU
premises
3. That all said mortgag
shalled in the order Of the
account taken Of what is du
4 That the mortgage 10
decreed to be fraudulent AZ
8. That said II. Macfari
lien or security upon thi
Ahupuaa of Heeia.
&. That said mortgage
/ co, is a valid security Unl
( moneys advanced by II. y
/ said John McKe1gUe and
:. And for process and {
The bill Is dated July 3
/ July, John McKeague by
LLOYD was made part
action, Oh the gruund that
I Court ID a former case N
[ TO d certain equity in the
. this controversy
The defendant c. N. C
I order Of the Court as may
The defendant Kennel
t solved bis copart1ership
/ the time Of bis sale to hir
I the plantation for S5i,
Z mortgage 10 question was
I part Of the purchase WCu
I tended as a fraud upon
T H1eia Sugar Plantation Z
/ tbg premises from NChea
. ledge Of respondents mo,
I payment OF same and tia
. knowledge Of said mort
7 advances and took d
. 20 respondents mortgage
. made Payment Of Que nc
. D, said mortgage and as
. are either denied or thl
. knowledge af them.
George W. Nalfarlaae
farl.re u the firm Of G.
7 make answer and say
I pleaded Us IT. Nacfarla.
ignorant afihs matters
aulZl allegations cfu
mortgage made by Nc
90 i. Nacarlaug was b
w. NacfarIaue & Co, OF
gust A q. ISL thatI
Lv .Lgu, % secure wbi
given, were made to "a
Of NcEeaGus and heuu
wc-c SO made until Ken
and thereafter II. Ma
make advances 60 Mex
.a-e-t until lsr August
lane transferred the az
mortgage tn g W Mac
firm H N.af.r.a-e wa.
that w. Wag.a-Iar
advance money under
Reggie fn carry ont
5l-l June IssZ. -1u
owed tUau >HfEsfs
secured 0y tls said rll
a-. owing with i-tsras
Ls- Tie plantation
.uuEthg Heel
Elr-- . rlH account
respondents advanced
r.e#r.g .a rag nIar.ag
vile. . amounted o.