The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-07-17
OPINION OF The COURT. BY
JUDD. c ].

III @-N-CN NFE = III. NNfk = q - -
JUDD. c J.
This Is 8 bin in equity brought by
the assignee IN bankruptcy Of one ].
\ AE0uSo 70 cancel 3 uurJs2se Of land
which i Situated II EOnOkz.a. Hawaii,
held by the bankrupt under ROy2i
Patent tGr2ng) Number 1913 and known
rs the Alfonso Store Premises The
mortgage vas given 70 one Manosl
Bra1c0 under ths following eircGGl-
stances Mr.. Alfonso. being 2 PorCu-
gusSe S.o7s keeper at Ho2okaa doing
quite $ large business and having be
gun : coffee plantation. desired to
borrow SGms money for his business
Re learned through : mutual friend
that one NalOsl Brane0, also Z PorTu-
gusse. living 81 Laur4hCshOs, some
twenty miles distant. had some uoner
20 lend, ana with this friend proceeded
there aci borrowed the money. $4Qg
giving his receipt therefor. p-uuLS5ns-
70 secure its payment by 3 mortgage
On his store premises st EOloka4 Is
soon As he could get some person 70
draft the papers. Meanwhile he de-
posted his title deeds With ALr. Braneo
and vent hack 10 his home. This Was
On The Il August 1883 Alfonso Ezs
then doing : gUo6 business; his credit
w2S g1oG a1d his principal creditor al
Honolulu. MssS-s- 4 Eackfeti & Co.
considered hin one Of the u0SC res
p0-sIbte c0uEtrv store keepers
AE01So agreed 70 pay s per cent re-
g-~-a
months. tut B-Gnc0 preferred to leave
1t 10 be paid 81 the end OF TWO years
when the principal would Be due
After : while business became dull and
Alfonso though ne had reduced his
debt 10 H E2ekfeIt & Co from $500
10 about $1,000. made less frequent re-
EiJc1zees 70 then being unable hiE1-
self to collect promptly the debts 0winE
El- hy plantation hands and hone
srszGsrs
AE0zso says that he vzS also en-
12-r1sset hE having bought cut part
Es- N a-g-Esr sr0-s II H9nakua- and
r115 Ls sCLi his coffee plantation 10
pay 5eb-s with the proceeds 9t Z loss
Of 5000. IN the latter part Of 1854 he
vas pushed BY h EaekteIt & Co fur
E5L7L-=zc q the balance Of his debt To
them : suit and execution we're threat
eEsG and he ElS advised 10 90 into
la- zrZp-cy rF an eEpL0Tee OF this
creditor He vent into Bankruptcy On
Decs-her 81 1SS+ MOI Ing before
this aE employed Al attorney and no
Ez-y to draft the mortgage II gues-
tEoz 70 BrzCeo 70 secure the SUI II
rad borrowed bzt Il dated the Eth
@ August tSS5- the date a the
L1lE- acknowledged II On the I'd
Nov5-ber- 1851 and had II recorded
and then teI1Fere,i II 10 Branco- Bran
GO SzTs he had 10 notice OF AE01s1
IES5LFszcy .11r any reasonable grounds
fur Believing him 70 te 50 AE0usa
SAYS he never gave Br21co any reason
70 think he WIS IEso-vEz-- This les
EiEGCE Il not disputed
II appears 10 u that The conveyance
EzS Ez5e 70 = boGz f[e purchaser for
TzIus- BrEeo- who had 10 reasonable
caES= % beIIevE his E1rLEzgg- 10 be
-zzsJ-FaEI g- bankrupt ur I'd ne II csJz-
temp Lzri1E u insolvency OF bankrupt
e. The s-aru-G-y eEeeE-fGa Is eoE-
pEls,5 With See Chzp- - Sec Il Laws
1t ISs4 Il may be thar A=01s1- E1i-
EE thai n Eas liable 10 be forced E-r1
1szlzr-r-.T FIsz=t5 TO prefer his E=EI1E-
e1U--E--zE and save hin from h1zs
T -zEzzE AL these STEPS % =ec-re
EEz I'M ErEe1- his grsdIEC-- b46 No
EE-E= Of -Ezsz cLrrI-Es-.z-zsas
Z1= cC-FeTE-E E& 10 sE4Lre z bCzE
a 5z5- Gz5 EE not voluntary
-a-TzFzE-s- though AElGss7 vas hi
r-=sz=5 70 zzzE II EE B-azea- Via tzEE
EzES5LE safe and rad II ealzE ID SIS
-ec1 tEz- Es Es za- sefEE II vas
=LzcT-zs5 and Delivered II tELELIEezt
cE liz pEu-Lse uE1s Il The LIEE OF The
H1G-- u VII n AEgISE- L1@s
Ass-EzE rkzr LE= zorCEzge- LE1us,l
GE-Hs5 AEEEz- Z 1sGs. crez-sd 10 len
a1 tEz property tru- that date and
rh-zr -hs GsEozz1 aE TIE ETIIe dsa5s ere
z-a5 10 lien 416 treating Ih= ea1Fey-
zzes Il Ez1E 1c the III NgFEber-
1854 and esEzhlzstfEE TIE len only
Euz that date Brzzef7 EzS- tF al the
eFl=EEs-E, : h02 Es5E purchaser with
II ths exception a tts zzzrE-e- Even
Z AE1E=1 Ez1E z frzIfEIEEr prEE=F-
EEeF IT IT, eguT5Tz1es- BrzEe0 did
EgC EarrieIra-E II L. Er E4 Il
aware rEE sV-eh preference Ezs ttsTG
IT zaI91EElzSE5f5 TEE eFl1zEes even
SEs1Ez- II seeES u u Lhz- hs kzd Il
rte tine Ct the G=IfTE-F Qf tte E1r--
a= EFET rEs1z 10 heEieFE Lhzt
A=1rsufz financial csgcifEl1u wE
zs5s-E1- AM rtErEf1rE his E1rrgzzE L
E1o1 Il against tEs es1zEI IzEzzEE II This
ezss
The G=cEse appealed from L rEEerss=z
Et thE bEI Gzzzizssss5 With c1Ezz
L L DfeEEF hsE cs11pIEEzzzt- L l.
-EErzz11 sisr ttEtszszzrzz
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