The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-23
MRS. GfRTz
At It AGAIN
Tells Her Tale OF Woe
in New Suit in
Equity.

Mrs. Anna Gertz has renewed her old
cause against j. Alfred Magoon and
others. which has been defeated many
times in both Circuit and Supreme
Courts during a period OF elght or ten
wears past. She sues on her own be
half and as executrIX of the estate OF
Christian Gertz, her deceased husband.
The title of the suit shows it to be - a
petition to annul sale under power, to
cancel mortgage contract, to grant
writ of right of possession, to award
damages arising out of the wrongful
sale, as profits, rents and for waste
committed on premises lot Is Royal
Patent 1853 or 1858 situate in Homo
lulu. -
Plaintiff writes her own complaint,
having no attorney. She says the
mortgage in question was illegal in
that it was executed under duress, that
it mortgaged personal property belong
ing to herself of which her husband
had no control, that it was not case
of her signing away dover rights, that
the mortgage was interlined without
noting of correction by the notary pub
lie and that it contained other irregu-
larities A special objection is this,
containing a rather strong alluslon to
the Supreme Court:
"That a private sale is contained in
said instrument for the personal prop
erty when according to Jones on Mort
cages such a clause is illegal, when a
power of sale is contained in instru-
ment, although a late decision of the
Hawaiian Supreme Court holds, never
mind the laws, as long as the provi-
sions of the mortgage are followed. -
Mrs. GertZ quotes a receipt from j.
A. Magoon for $4741.34 on account of
the mortgage debt and charges there
on. whereby the mortgage deed and
notes she claims were made technically
void.
She relates the story of the SEIZURE
of the stock-in-tr trade of the Fort street
shoe store on Dec. -, 1895, saying Ma
COON entered with five helpers and or
dered them to take all they saw in the
store, not listening to the protest of
Christian Gertz that it was his wife s
| property. 1t got too dark to finish the
job then and the late w. Seaborn Luce,
auctioneer. ''did not want to light
| lamp to unload the booty in his bust
| ness place. So they came next morn
ing to get the balance, but stopped
| suddenly when they had broken down
| the koa glass shelf and disappeared
with the glass shelf and a koa show
case.' A little more than two thou
sand dollars worth of boots and shoes
| was taken and the business thereby de-
stroyed, as complainant declares.
She goes on to tell of the sale by
Magoon, assisted by Luce, when the
! $4,000 worth of goods was sold in a
| lump for $66.25.
| After that two pieces of real estate,
including the Gertz homestead at Ka-
| waiahao, were sold respectively for
| $3.50 and $500. Complainant says
Magoon 'shuffied it up in affidavit of
| February %, 1896, as il John Buckley
| bought the two real properties. -
She says Magoon violated the condi-
tions of the mortgage by selling the
boots and shoes first. The legal
contention is offered that the
separate property by common law
| only can be taken when hus-
bands is not sufficient to pay
| debts,'' and complainant says that in
this case the separate property was not
needed to clear the mortgage.
| Among many other allegations is one
9" that said plaintiff Anna Gertz was
| bv force put out of her lawful home on
January %, 1897, ten days after the
| death of her husband.
| Deputy Sheriff Kalakiela has served
| summons on the Banning interests
| through Magoon, on j. Alfred Magoon
and on Maria J. Forbes He could not
| find John Buckley and was informed
| that he was in the United States