Waterhouse v. Achi

OPINION OF THE COURT -BY

QUARLES, J. (Circuit Judge Edings dissenting.)

The appellee, hereinafter called the plaintiff, commenced *432this suit in equity to foreclose a mortgage executed by the defendant Achi upon twenty-two lots in the Lunalilo tract in Honolulu. In his amended bill the plaintiff alleges a loan by himself, as trustee for himself and E. Kopke, made to defendant Achi September 1, 1914, in the sum of $5000 to secure payment of which a note due September 1,1917, and the said mortgage were given. This mortgage was subject to a prior mortgage executed by the defendant Achi to the…