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MIDKIFF v. CASTLE & COOKE, INC.

No. 4118.

45 Haw. 409 (1962)

368 P.2d 887

FRANK E. MIDKIFF, EDWIN P. MURRAY, WILLSON C. MOORE, ATHERTON RICHARDS AND SAMUEL WILDER KING, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE P. BISHOP, DECEASED v. CASTLE & COOKE, INC., A HAWAII CORPORATION.

Supreme Court of Hawaii.

January 12, 1962.

Attorney(s) appearing for the Case

J. Garner Anthony and Arthur B. Reinwald (Robertson, Castle & Anthony) for appellants, Trustees Estate of Bernice P. Bishop.

Livingston Jenks and Hugh Shearer (Anderson, Wrenn & Jenks) for appellee Castle & Cooke, Inc.

TSUKIYAMA, C.J., WIRTZ, LEWIS, MIZUHA, JJ., AND CIRCUIT JUDGE TASHIRO, IN PLACE OF CASSIDY, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

This action involves the construction of a deed dated December 30, 1899, from the plaintiffs-appellants, as grantors, to Oahu Railway and Land Company (hereinafter referred to as OR&L) as grantee, and a determination of the rights of the parties with respect to two of the parcels of land referred to in the deed.

The deed consists of two portions. The parcels involved in this litigation were conveyed by the first portion...

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