The Hawaiian gazette., 1905-11-03
MONsARRA(
MORTGAGE

Voluminous, separate answers have
been filed in the foreclosure suit of H.
Hackfeld & Co., Ltd, VS.. ]. M Mon
sarrat ct al. by the six respondents.
]. NJ. Monsarrat admits that the mort
gage was given as additional security
for the payment of $42. 101. Sc at per
cent, evidenced by a promlssory note
executed by him July 1, 1899, payable
within three years after date. He
admits that the plaintiff has fore
| closed a prior security, a mortgage by
w. c. Ach to the defendant, but de-
niles that all the lands and all the
personal property were sold, and denies
that $l3,750 is the whole sum that
ought to be applied to payment of said
$42, 101.66. 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. c.
Achi to ]. M Monsarrat for $4,000.
payable In instalments stated within
three years after July l. 1899. with
interest at per cent. The defendant
| goes on to show that the plaintiff neg
! lected to foreclose the Achi mortgage
in due time, also allowed Achi while in
default to strip and waste the mort
gagged property. He notified the plain
tiff of the condition OF affairs in 1901,
requesting 1t to foreclose 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 100000. At the same time Achf
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 Il. 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 ]. M. Monsarrat, be-
sides showing her interest in the mat
ter to be mortgage by ]. NJ. Monsar-
rat to her on property In Union street
and Adams lane as security for loan
of $780,
Bruce Cartwright makes similar
answer, setting up mortgage by j. M.
Monsarrat to him on the Union street
and Adams lane property.
w Il. Rowell makes n similar an
swer, setting up his interest as be-
ing n mortgage from j. NJ. Monsarrat
to him on Union street and Adams
lane property for $1,000.
M. ID. Monsarrat answers saying that
he had mortgage from ]. M. Monsar-
rat on Union street and Adams lane
property for $1,000, which he assigned as
collateral security to the Bank of Ha-
wall for money loaned to himself. His
title in the premises is now vested in
7. 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.
Cecil Brown, A. G.. M. Robertson, W.
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., bankrupt, against
Chang San Fui, alias Chang Hong, for
$10153. Thompson & Clemens for
| plaintiff; Lyle A. Dickey for defendant.
t The case was on appeal by defendant
: from District Magistrate Whitney.
3 An order for resale of the property
e of the Pacific Heights Railway Co..
$ Ltd, was made by Judge Robinson.
= following the decision of the Supreme
, Court affirming his disallowance of the
0 previous sale. Mr. T. Simonton is ap-
i pointed commissioner as before and au-
E 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
r notice yesterday: lowing to the fact
D that cases which were set for trial at
certain times have been settled, or for
o other causes will not be ready, Judge
| De Bolt will be ready at 10 a. m.
e Thursday, November 2. to take up any
0 other cases that may be ready"
= w. 0. Smith, Mary s. Parker and
$ Lorrin A. Thurston, trustees under the
n will of w. C. Lunalilo. deceased have
e filed an amended petition for fore
: closure of mortgage against Sarah E..
e Duncan and Rudolph M. Duncan. The
: mortgaged property is O.919 acre at Ka-
b palama.
In the Rodrigues estate case, Judge
Robinson overruled the demurrer of
y John f. Colburn. executor of the es-
e tate of A. Rosa, with leave to amend
o within ten days.
e Judge Weaver of the Court Of Land
e Registration, has decided a title to
u Peter C.. Jones. Ltd, for 21,219 square
. feet of land on the mauka side of King
: street at Kapalama.
y C. G.. Bockus tenders his resignation
I as administrator of the estate OF Gus
e tave Broman, deceased, and dominates
q II. G.. Middleditch In his stead.
r In the escheat suit of Territory of
n Hawaii vs.. Irene b. Cornwell and John
Il r. Colburn, Irene b. Cornwell is by
: Judge Robinson granted sixty days
n from October 81 to plead.
: VIM. r. Sims has qualified as COM
y missioner in the Chamberlain VS.. Bush
e foreclosure matter.