Lalakea v. Hilo Sugar Co.

OPINION OF THE COURT BY

PERRY, J.

(Galbraith, X, dissenting.)

Kanehoa (w), the owner of 4.36 acres of land described in R. P. 953, on May 10,1898, leased to one Sing Kee a portion of the same containing an area of three acres for the period of ten *571years from June 1, 1808. On August 18, 1899, Sing Kee and’ one Olían Choon, the latter evidently a partner, executed to-one W. D. Schmidt, to secure payment of a note for $250, a mortgage of the cane growing upon the three acre tract, which-mortgage was recorded on August 23, 1899. On December 14, 1899, Chan Choon who, it seems, had acquired all of…