The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-19
JAS, LOVES
TRUST DEED
An Injunction Prevented
Mortgages Sale
Saturday.

James Love. through his attorney,
Henry E. Highton, yesterday had
temporary injunction issued by Judge
! De Bolt, the effect of which was to stop
a mortgag gees sale advertised by Jas
F. Morgan. auctioneer. The injunction
only applied to an interest claimed by
| Annie X. Hart daughter of Love, in
his property which she mortgag ed as
additional security on another mort
gage, yet as that interest had been
advertised as foreclosed and for sale the
| entire sale was declared off for the
| time being.
| The injunction suit was brought for
the purpose of preventing a cloud on
| title of Loves property. Respondents
i are Annie K. Hart, w. r. Castle. trus-
tee, James F. Morgan and Henry
Waterhouse Trust Co, Ltd. and the
following is the substance of the petit
| ton:
James Love on August %, 1901, volun-
| tarily and without consideration exc
cuted trust deed of his property to
| Geo. A. Davis, who resigned as trustee
! June 6. 1909, when Judge Robinson APP
pointed the Waterhouse corpora ton in
his stead. Clauses of the deed were
/ these:
| I'm trust at the death of said James
| Love, upon the joint requests in writ
| ing of said Annie K. Hart and said
! James Love, junior, to sell all the said
lands and premises then remaining I'M
sold and pay the net proceeds there
from in equal shares to the said Annie
| K. Hart and the said James Love, jun
| Tor.
I'm trust in default of the said re-
| quests in writing to convey the said
lands and premises then remaining I'M
sold to the said Annie K. Hart and the
said James Love. junior, their heirs and
assigns forever. free and discharged of
all trusts herein
| April 5, 1904, James Love rescinded
and revoked the trusts of which action
I Annie K. Hart and w. T. Co, Ltd,
were notified in writing.
| April II, 1902, Annie K. Hart mort
gagged her interest in real property not
| involved in this suit to Kapiolani Es-
tate, Ltd, to secure payment of $500.
This mortgage was assigned to w. r.
Castle Annie K. Hart and Castle
| claim that Castle is invested with the
legal title and ownership of the real
property of Love comprised in the trust
| deed of August %, 1901, and remaining
unsold and that the title accrued TO
Annie K. Hart at that date. This
| claim as to Castle is based on the con-
| veyance by Annie K. Hart to Castle,
on May IA, 1904, her interest in the
property under the trust deed as addi-
| tional security on the mortgage of her
| Cwn property.
About August IS, 1905 Castle publish
ed notice of intention to foreclose and
| advertised the sale at auction of the
premises mortgaged by Annie K. Hart
| and of the additional security on Satur-
day, September 16. The sale was post
roned from time to time until Satur-
| Gay, November Is.
| Love alleges that the execution and
delivery of the conveyance of the addi-
tlonal security to the successful bidder
and purchaser at the sale will cause a
cloud upon and depreciate the value of
| the legal title to the real property held
| in trust
! He prays for an injunction to restrain
Castle from foreclOsing the mortgage
as against the additional security and
from causing to be sold at auction the
alleged rights and interests or any of
them specified in the deed of trust, and
1
Castle from conveying or attempting to
| convey any of the rights under the
trust deed. Tt is further prayed that
Castle be ordered to surrender for cam
| collation. the instrument of May IA, 1904,
and that it be declared of no effect and
| Cancelled Costs and such other relief
as the court may deem proper are also
| asked for.
| Judge De Bolt made an order to re-
| spondents to appear at Circuit Court
| chambers on Saturday next and show
| cause why the prayers of the petition
should not be granted, in the mean
time restraining them from doing any
| of the things mentioned until further
order of the court.
Mr.. Highton has filed a brief in the
Supreme Court. on Loves appeal from
Judge Lindsay's decree maintaining the
trust deed in spite of it's makers revo-
cation thereof. Tt fills nineteen pages
of print.