Peterson v. Waialua Agricultural Co.

OPINION OF THE COURT BY

HARTWELL, J.

The plaintiff claims the rent of certain lands which he bought subject to a mortgage made by his grantor to the Waialua Agricultural Company, Limited, which did not specifically assign the rents of the mortgaged property and provided that upon default “the mortgagee, its successors or assigns, might; with or without first taking possession, sell all the said premises or any part thereof at public sale.” The principal and interest of *158the mortgage becoming overdue, on December 21, 1905, the Waialua Co. by its manager, acting under the authority of the Hawaiian…