The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-03
SURPLUS Of
MORTGAGE
Belongs to the Heir of
Mortgayee--Estate
Jones Minors.

Judge Lindsay rendered an opinion
on an important point yesterday, in
| the suit of VIM. L. Whitney admins
traitor of the estate of c. Ali, deceas-
ed. VS.. John Ross Castle & Withing-
ton appeared for plaintiff. and Ma
| COON & Lightfoot for defendant The
| decision is for the plaintiff, being as
follows:
| This is an action in assumpsit for
| money (S710) alleged to have been re-
| ceived by the defendant for the use of
| the plaintiff administrator of the es-
tate of c. Ahi, deceased, trial by jury
being waived. The decedent died in
| testate September 1, 1901. On Septem-
Der %, 1898, the said C. Ali execut-
cd a mortgage to one Lange for $1,000
on certain real estate which mortgage
was assigned to defendant, who, on
October 81, 1904, foreclosed the same by
public sale, as provided by statute,
receiving therefor the sum of $1825;
thus leaving in his hands, after de-
Quoting the amount of his claim with
expenses, a surplus. the amount of
which. in view of the conclusion | have
-" cd, it is unnecessary now to de-
termine.
.3e.tIon 2165, r. L., provides that
when public sale shall be made of the
mortgaged property the re-
mainder, if any there be, shall be paid
over TO the owner of the mortgaged
property, after deducting the amount
of claim and all expenses attending
the same The mortgage likewise pro-
Vi6GS that the SI1rnluS if shall
be paid to the grantor or his heirs or
assigns Hence, it would seem clear,
inasmuch as the mortgagor, C. Ahi
died prior to the sale of the property
upder foreclosure of the mortgage, that
his heir then became the owner of the
mortgaged property and that he, not
the plaintiff, is entitled to receive the
remainder, if any there be,
after deducting amount of claim and
all expenses attending the same Hav-
ing reached the conclusion that the
plaintiff can not maintain this action
it will be unnecessary to consider other
questions presented at the trial l find
for the defendant. Judgment may be
entered accordingly
ESTATE JONES MINORS.
Hawaiian Trust Co, Ltd, guardian
of Edwin Austin Jones, Helen Jones,
Margaret Jones and Catherine Hay
Jones, minors, has filed its annual ac-
count for the year ending January
%, 1905, showing: Amount received
OF account OF principal, $63, 15S.2S; bal
ance of principal invested, S62. 1888 81;
balance of principal uninvested, 1924. 81;
amount received on account of income,
$4210; payments, S3665.93; balance OF
income, s544.o7. The inventory shows
the estate to be valued at $50, 15S.28,
of which $4,000 is represented by real
estate. the remainder by stocks, bonds.
household furniture and cash balance.
COURT NOTES.
The assumpsit suit of c. j. McCarty
VS.. L. NJ. Whitehouse was restored to
the calendar by Judge De Bolt
The proceedings for the foreclosure
of mortgage by the trustees of the
estate of s. C. Allen against Joe Nor
ris and Mary Morris has been discon-
tinued by Kinney, McClanahan &
Cooper
At the close of a further hearing of
the Obed VS.. Andrade trespass case be- |
fore Judge Lindsay F. Andrade for
said a settlement might be |
reached before the case was again call |
ed. The hearing was continued with |
Assessor Hollis cross examination by |
E. F. Peterson for plaintiff not con-
GUIDED.