Ellis v. White
Hawaii Supreme Court
Submission of case on an agreed statement. May 17th, 1868, tbe firm of Hatfield & Markle, composed of J. W. Hatfield and Jacob Markle, borrowed $100 from the said Ellis, giving therefor their note, secured on a mortgage on “eight yoke of oxen and one cart,” possession of which, by the terms of the mortgage deed, remained with the mortgagors until the note matured. This mortgage was never recorded.
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Submission of case on an agreed statement. May 17th, 1868, tbe firm of Hatfield & Markle, composed of J. W. Hatfield and Jacob Markle, borrowed $100 from the said Ellis, giving therefor their note, secured on a mortgage on “eight yoke of oxen and one cart,” possession of which, by the terms of the mortgage deed, remained with the mortgagors until the note matured. This mortgage was never recorded. September 9th, 1868, said Markle borrowed $400 of said White, giving therefor his note, secured by a mortgage on “eight yoke of working bullock, yokes, bows and chains complete, one cart unfinished…
1Opinion of the Court
Hartwell, J.:
We will not consider whether the unrecorded mortgage is good against others than the second mortgagee, who are not parties to this suit, and can not be concluded thereby; the decision in this case decides only the mutual rights of the parties.
The question arises under the following Sections of the Civil Code:
“ Section. 1262. All deeds, leases for a term of more than one year, or other conveyances of real estate within this Kingdom, shall be recorded in the office of the Registrar of Conveyances, and every such conveyance not so recorded shall be void as against any subsequent…
2Cases cited6 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Gregory v. ThomasNew York Supreme Court · 1838
- Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
- Chambers v. KeeneCourt of Appeals of Kentucky · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bishop v. MahikoHawaii Supreme Court · 1940
- Wright v. BrownHawaii Supreme Court · 1898
- Lalakea v. Hilo Sugar Co.Hawaii Supreme Court · 1904
- Holmes v. SerraoHawaii Supreme Court · 1906
- In re a Submission on Agreed Facts in a Controversy Between Bishop & MahikoHawaii Supreme Court · 1940