Legal Opinion · Concurrence

Frear v. Rosenbledt

Hawaii Supreme Court

Decided November 16, 1911Published

Appeal erom: Circuit Judge, Fírst Circuit.

1ConcurrenceRobertson, C.J.

The fact that the premises in question were subject to a mortgage was brought to the plaintiff’s attention by the answer of the defendant. The status of the mortgage; the ascertainment of the amount due thereon; and the further facts, which plaintiff offered to prove at the hearing on the order to show cause, that although the mortgage covers other lands, the mort*689gagee is willing to release the land here involved upon payment of the sum of $1000, with interest thereon, which latter the plaintiff is ready and willing, if the court should SO1 direct, to advance, were all matters which should…

2Cases cited6 opinions

  1. Clark v. HallNew York Court of Chancery · 1839
  2. Farmers' Loan Co. v. Oregon Pacific RailroadOregon Supreme Court · 1895
  3. Hunt v. SmithIllinois Supreme Court · 1891
  4. Cadotte v. CadotteMichigan Supreme Court · 1899
  5. Grant v. BeronioCalifornia Supreme Court · 1893

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