The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-02
MONSARRAI
MORTGAGE
Claimed That Enough
Was Not Got Out
of W. c. Achi.

! FolUminous, separate answers have
been filed in the foreclosure suit of H
| Hackfeld e Co, Ltd, VS.. ]. NJ Mon
! sarrat ct al. by the six respondents.
J. M Monsarrat admits that the mort
| gage was given as additional security
for the payment of $40. 101.66 at per
cent, evidenced by promissory note
| executed by him July /. 1899, payable
| within three years after date He
| admits that the plaintiff has fore
| closed a prior security, a mortgage by
| w. Q. Achi to the defendant, but de-
| MES that all the lands and all the
personal property were sold, and denies
that s13750 is the whole sum that
| ought to be applied to payment of said
| s42,l0l .66. He alleges that the mort
! gage given by him to the plaintiff was
! given on condition of the prior salts
| faction Of the mortgage debt of w G.
Achi to J, NJ. Monsarrat for $4,000,
payable in instruments stated within
three years after July /, 1899, with
| interest at 6 per cent. The defendant
! goes on to show that the plaintiff neg
| lected to forecIose the Achi mortgage
in due time, also allowed Achi while in
| default to strip and waste the mort
| tiff of the condition of affairs in 1901
requesting it to forecIose the Achi
, mortgage for conditions broken, also on
| account of waste and depreciation, yet
! the plaintiff neglected to bring suit
! for foreclosure until April or May
| 1904 When the Achi mortgage debt
/ became due and payable in 1900 and
1901 the value Of the mortgaged prop
erty, this defendant says, was more
than $4,000 At the same time Achi
! owned valuable real estate and per-
sonalty subject to execution, more
/ than sufficient to pay all his debts in
! Guiding his mortgage debt assigned
! to the plaintiff.
This defendant prays that an ac-
counting be made between the plain
| tiff and himself, that the plaintiff be
| adjudged guilty of laches to his in
jury, and that his mortgage deed to
the plaintiff be decreed satisfied, paid,
| released and discharged, etc
| Defendant E. J. Monsarrat pleads
| that she has a life estate in a pOr-
| ton of the mortgaged property.
| Mrs. w. G. Parke answers to the
same effect as J. NJ Monsarrat, be-
sides showing her interest in the mat
, ter to be mortgage by J. NJ. Monsar-
rat to her on property in Union street
and Adams lane as security for loan
/ of $500
Bruce Cartwright makes a similar
answer, setting UP mortgage by j. NJ
! Monsarrat to him on the Union street
and Adams lane property.
| w. e. RoWeu makes a similar an
swer, setting up his interest as be-
ing mortgage from j. NJ. Monsarrat
to him on Union street and Adams
lane property for $1,000.
NJ. d. MonSarrat answers saying that
he had mortgage from j. NJ Monsar-
rat on Union street and Adams lane
property for $1,000, which he assigned as
collateral security to the Bank of Ha-
i wall for money loaned to himself. His
title in the premises is now vested in
T. F. Lansing. his trustee in bank
ruptcy He makes the same allega-
tions and the same prayers as the
other defendants who charge laches |
against the plaintiff.
A Whiting and W c. Parke are at |
torneys for defendants.
COURT NOTES.
Judge De Bolt yesterday gave judg-
ment for James f. Morgan, trustee for |
Wing Lung Co. a bankrupt, against |
Chang San Fui, alias Chang Hong. for |
s101 3d. Thompson & Clemens for |
plaintiff; Lyle A. Dfckey for defendant |
The case was on appeal by defendant /
from District Magistrate Whitney. !;
An order for resale of the property |
of the Pacific heights Railway Co. |
Ltd, was made by Judge Robinson, |
following the decision of the Supreme |
Court affirming his disallowance of the |
previous sale. Mr.. T. Simonton is APP |
pointed commissioner as before and au-
thorized to sell the property either as |
a whole or in separate parcels as shall |.
seem to him more beneficial.
Judge De Bolt issued the following
notice yesterday: Owing to the fact |
that cases which were set for trial at |
certain times have been settled or for
other causes will not be ready, Judge |,
De Bolt will be ready at 10 a. m,
Thursday. November 2, to take up any
other cases that may be ready
w. o. Smith. Mary S. Parker and
Loii III ~ ihoi SIoii' trustees uHuer the
will of w. G. Lunalilo, decea sed, have |
filed an amended petition for fore
closure of mortgage against Sarah E |
Dun "A and Rudolph NJ Duncan. The
mortga ged property is O.919 acre at Ka-
palama.
In the Rodrigues estate case, Judge |
Robinson overruled the demurrer Of
John F. Colburn. executor of the es-
tate of A. Rosa. with leave to amend |
within ten days.
Judge Weaver of the Court of Land |
Registration, has decided a title to
Peter c. Jones, Ltd, for 81 PIG square |
feet of land on the mauka side of King |
street at KapaIama
c. G. Bockus tenders his resignation |
as administrator of the estate of Gus
tave Broman, deceased, and dominates |
H G. MiddIeditch in his stead.