The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-07
JUNE TERM, 1899.

Submission without action agreed statement Of
facts, viz:
rial: Buteed agrees sell and Bon to purchase
piece land decrbe Punahou and Hastings streets in
Honolulu purchase be complete June 1892 time being of
of the Butterheld shall tur-
nsh Bon with good title to the premises free from ncn
brances with warranty.
o Tender of deed by Butterfed June l. 1899,
which refused the sole ground that good title had
been furnished. No other objection made.
The title the premises stands follows: The lot in
question became vested in Thomas Beverly Spring y Decd
November 20, 1885, recorded Lber 155, p 40, Registry of
Conveyances) Spring made mortgage deed these premises
the Trustees of Oahu College August 1899, of record
Jber 163 22O At this point title good This mortgage
for the of $4,000 with including for
fire insurance, w.t. chat insurance against loss by fire shall
be maintained upon the buildings said premises for less
than twenty-five hundred dollars loss if any payable said
mortgage their representatives.
in of default in the payment of note, or in the obse
and performance of of said of the
hereof the whole debt becomes due and payable and
mortgage hereupon foeclose this either by bill
in equity, entry and possession by sale public auction
f. Before the end of August 1885, the mogagor abconded
and the mortgage oreclosed by entry under the of
1874 Chapter As In September 1896 the mortgage being
then in possession under the certificate of entry assigned
mortgage certificate of entry and
all of its rights Possession has continuous from entry to
date hereof Certificate of Entry This certife that on this
oath day of August, A. d. 1896, F. A. osmer president of
The board of trustees of Oahu College, and behalf said
trustees the mortgages named in that certain mortgage made
by Thomas Beverly Spring said dated August s. 1896
recorded registry of Deeds Honolulu
163 pages 220 222 inclusive, did upon premises
conveyed by said mortgage wit all these premises (decrb-
ing them together with all the buildings and improvements
thereon for the purpose of forecosng the same for condition
broken, to wit by said mortgage required;
said entry being made peacea and openly presence of
j. L. Howard and Samuel p French the said F. A. osmer
declaring that such entry made for the purpose
closure OF said mortgage In witness whereof the said F. A.
Hosme l. Howard and Samuel p French de hereunto sub
scribe our names and on oath depoe and the and
things stated and set forth in the foregoing are true
Subscribed and sworn to by them before First Circuit Judge
August "a, 1896. Register Office Oahu S. Received for
record this 24h day of August 1896 224 o'clock D. M and
recorded IN ber 1G3, pages $50 and and compared
1hos. g. Thrum, Registrar of Conveyances"
copy of the assignment by the trustees Buerfed
attached but need not be here set forth in detail
The mortgage, certificate entry and assignment con
Shtqe Buereds title to the premises to which objection
made as insufficient.
Claims The said Butterield claims that his title in the
premises good that he is the legal the land agreed
TO be od that the entry and certificate both in accordance
with law and than year having elapsed since the entry
made and the certificate recorded and possession bavn
continuous since the foreclosure complete the ortgagor
is barred from redemption the title is good and said Ron
legally bound to carry the accept CONVEYANCE
from Buterfeld
Bon claims o. That Buerield does and can produce no
evidence Of the breach by the mogagor Spring of the condition
to insure the breach of which condition alleged to have given
the mortgage he trustees of Oahu College, the right to fore
close.
(2) That the certificate of entry does not comply with the
statute (ssson Laws 1874, Chap 49, which the pro
ceedins for foreclosure taken by stating such
any that such certificate therefore invalid and all proceed
lngs consequent thereon abortive.
(o hat the terms imposed by the having been
computed Wt the morgagors equity Of redemption has not
been orecoed and Buered the legal and equitable
owner OF the land and Is not possessed of the land agreed
sold by him to Bon for estate in fee simple and therefore
not able to furnish Bon with good title TO and specific nor
Torrance OF the contract therefore be decreed
1t Is stipulated that Judgment may entered in accordance
with the law determined by this court
foreclosure OF morgaged property by entry and possession
Session Laws 1874, Chap As Civil Laws 1877 provides
after breach of the condition. if the MORTGAGE or n one
claiming under him. is DESTROYS of obtaining possession Of the
premises for the purpose of foreclosure he may proceed in
either of the following ways, viz: First, * ,v con-
sent in writing of mortgagor Second e may enter peace
ably and openly if not opposed in the presence