Silva v. Lopez
Hawaii Supreme Court
Appeal prom Decision op Austin, J. On a bill to set aside a sale made under a power contained in a mortgage ; held that a demand for payment of interest due, accompanied by threats to foreclose, is not equivalent to an entry, and there being no entry, as required by the power, the sale was invalid. Where the mortgage required three weeks’ notice of time and place of sale, a sale on the twentieth day after first publication of notice is invalid.
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Appeal prom Decision op Austin, J. On a bill to set aside a sale made under a power contained in a mortgage ; held that a demand for payment of interest due, accompanied by threats to foreclose, is not equivalent to an entry, and there being no entry, as required by the power, the sale was invalid. Where the mortgage required three weeks’ notice of time and place of sale, a sale on the twentieth day after first publication of notice is invalid. A sale in town of cattle running in the country, occasioning a sacrifice on account of purchasers not seeing the property, is a violation of duty of…
1Opinion of the Court
Opinion op the Court, by
McCully, J.
A bill in equity is brought to set aside a sale made by the chief defendant as mortgagee, under a power of sale.
The argument before us was based on four objections to the validity of the sale, as follows :
“1. That as Lopez made no entry upon or demand for the possession of the mortgaged premises and chattels, he neglected the performance of a condition precedent.
“2. That the advertisement of sale by Lopez did not comply with the terms of the power.
“ 3. That the manner of conducting the sale, especially as regards the live stock, was grossly unfair to the…
2Cases cited11 opinions
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Sheldon v. WrightNew York Supreme Court · 1849
- Bunce v. ReedNew York Supreme Court · 1853
- Savings and Loan Society v. ThompsonCalifornia Supreme Court · 1867
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
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3Cited by14 opinions
- Kekauoha-Alisa v. Ameriquest Mortgage Co. (In Re Kekauoha-Alisa)Court of Appeals for the Ninth Circuit · 2012
- Hungate v. Law Office of David B. RosenHawaii Supreme Court · 2017
- Lee v. HSBC BANK USAHawaii Supreme Court · 2009
- Kondaur Capital Corporation v. Matsuyoshi.Hawaii Supreme Court · 2015
- Mount v. Apao.Hawaii Supreme Court · 2016
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