Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-03-30

y. w. BOOtn, through MS attOTneyb,
filed his answer yesterday afternoon to
the injunction proceedings brought by
e. s. Desky to prevent foreclosure Of
Booths mortgage on the Pacific
Heights property. Booth denies Wig
lorously that there were any agreements
as suggested by Desky to prevent him
from foreclosing. The answer is long
and detailed and aside from denying
many Of Desky's allegations Booth cites
instances where he has been kind
hearted and lenient to assist Desky In
pulling out Of his financial difficulties.
Booth claims that the survey Of Pa
cifc Heights lots made by Desky sub
sequent to their first agreement was
not accurate and is unreliable; that no
lots can be sold until an accurate sur
vey Is made. It is also asserted that
Desky has never fled a plat Of the
survey In the Registrars Office as he
agreed to do, giving as an excuse that
the survey was inaccurate and II would
be improper to file the same under the
circumstances. Booth believes the
necessary survey would cost about
$4,000 and require about two months
time. Booth admits that Desky laid
water pipes to certain lots but not to
all Of them, also that he erected tele-
phone and electric light poles, but is
not informed Of the cost.
Desky's statement that the mortgage
was hurriedly drawn and executed
through inadvertence and mutual mis-
take OF the parties is branded as who'll
ly false and untrue. Booth alleges on
the contrary. that 1t was drawn with
great care and elaboration by r. d.
Silliman, of the firm Of Hatch 4 SILL
man. the attorneys Of Desky, specially
employed and retained by him for the
purpose, Sllliman being the same at
torney who drew the agreement, and
entirely familiar with all the circum-
stances Of the transaction from its In
ception, and that the mortgage accur-
ately expressed and set forth all the
agreements between Desky and Booth
with reference to the transaction. Up
on the execution Of the mortgage there
was endorsed on the agreement, by
Desky, through his attorneys, the fol-
lowing words this agreement is SUPER
coded by deed and mortgage executed
September 22nd, 1900, &c. s. Desky
by his attorneys. (Signed) Hatch &
Silliman." (Signed) &c. w. Booth"
Booth denies the allegation Of any
mutual understandings and agreements
entered into prior to the execution OF
the mortgage, that should have been
included therein and are not therein.
He also denies that 1t was mutually
agreed that all improvements placed
on Pacific Heights property by Desky,
and all lots which, prior to the execu-
ton of the mortgage might have been
sold, Or otherwise disposed Of by
Desky. should be exempted from the
operation of the mortgage. Booth de-
niles that he agreed to release all or
any part or portion Of the certain lots
and has never been requested to re-
lease the same or any portion thereof,
nor has Desky ever before this time
claimed that the same was improperly
included in said mortgage or should ne
expected therefrom.
Desky, 1t is claimed. signed, execut-
ed and delivered the mortgage In ques-
ton to Booth, knowing full we'll all
the contents, and intending full well to
be bound by all the conditions.
Booth acknowledges the release of
the electric railway and said he exc
cuted 1t because Desky said this favor
would save him from financial ruin.
Desky not only recognized the validity
OF the mortgage In his dealing but on
May /, 1902, gave Bishop & Co. a sec
ond mortgage which specifically cites
that the property is subject to first