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ZIMMERMAN v. GROLLE AND DE BOER

No. 2669.

38 Haw. 217 (1948)

HANS ZIMMERMAN v. CHARLES D. GROLLE, FRED L. DE BOER AND ERNESTINE DE BOER.

Supreme Court of Hawai`i.

Decided September 22, 1948.

Attorney(s) appearing for the Case

C.A. Gregory (Smith, Wild, Beebe & Cades, also on the briefs) for appellants.

W.C. Tsukiyama (also on the brief) for appellee.

KEMP, C.J., PETERS AND LE BARON, JJ.

OPINION OF THE COURT BY PETERS, J.

This is a suit in equity to set aside the foreclosure of a mortgage affected by the statutory method of entry and possession upon the ground of fraud committed jointly by the respondents, Grolle as agent of the petitioner and by the respondents de Boer as assignees of the mortgage and foreclosing mortgagees, and for an accounting of the net rents, issues and profits of the mortgaged premises by the respondent Grolle as such agent...

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