FOREMOST CONSTRUCTION COMPANY v. Killam

SPERRY, Commissioner.

This suit in equity was brought for the purpose of cancelling a deed of trust.

Plaintiff, Foremost Construction Company, a corporation, sued Mary Jane Killam for damages growing out of an alleged breach of warranty on a tract of land conveyed by her to plaintiff’s grantor. Liberty Bank of Honolulu was also named as a defendant because it had acquired from defendant an interest in the note and deed of trust given to defendant as purchase price. The suit is bottomed on the fact that there were unpaid special taxes outstanding against the land when it was transferred to…