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REDFEARN v. KUHIA

No. 4533.

50 Haw. 77 (1967)

431 P.2d 945

HOWARD O. REDFEARN v. KUHIA, OR HIS HEIRS; D.L. KELIIKULI, ALSO KNOWN AS T.L. KELIIKULI, OR HIS HEIRS; KAANAANA (k), ALSO KNOWN AS KAANAANA KELIIKULI, OR HIS HEIRS; KELIIKULI (2), OR HIS HEIRS; JULIA HULU KELIIKULI, OR HER HEIRS; D.L. KELIIKULI, JR., OR HIS HEIRS; S.K. KAANAANA, ALSO KNOWN AS S.K. KAANAANA KELIIKULI, OR HIS HEIRS; WILLIAM C. ACHI, JR., OR HIS HEIRS; REBECCA K. ACHI, OR HER HEIRS; ADOLPH BODE, OR HIS HEIRS; MARY KAPAWAI BODE, OR HER HEIRS; TRUSTEE OF SUZIE F. CARTWRIGHT, OR HIS SUCCESSOR; CARL ONTAI, OR HIS HEIRS; STATE OF HAWAII, BY AND THROUGH ITS ATTORNEY GENERAL, SHIRO KASHIWA, ESQ.; COUNTY OF HAWAII, BY AND THROUGH ITS COUNTY CHAIRMAN, THE HONORABLE THOMAS K. COOK, AND THE FOLLOWING ADJOINING LANDOWNERS AND/OR OCCUPANTS: ESTATE OF LILY J. KUAHIWINUI, DECEASED; MRS. D.L. KELIIKULI; SARAH KUAHAWIA; CLEMENT KELIIKULI; ESTATE OF LUI KELIIKULI, DEC.; MITCHELL KELIIKULI; JOHN KELIIKULI; ERNEST KELIIKULI; YEE HOP, LTD.; MARGARET S. GRACE; AND ALSO ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL PROPERTY DESCRIBED IN PLAINTIFF'S COMPLAINT ADVERSE TO PLAINTIFF'S OWNERSHIP IN SAID REAL PROPERTY AT THE TIMES SET FORTH IN THE COMPLAINT HEREIN, AND TO ALL WHOM IT MAY CONCERN.

Supreme Court of Hawaii.

September 14, 1967.

Attorney(s) appearing for the Case

L.N. Nevels, Jr. (Nevels and Chang of counsel) for plaintiff-appellant.

Roy K. Nakamoto (Ushijima and Nakamoto of counsel) for defendant-appellee Yee Hop, Ltd.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.

OPINION OF THE COURT BY MIZUHA, J.

On February 16, 1962, plaintiff-appellant Howard O. Redfearn filed an action to quiet title to approximately 350 acres of land located in South Kona, Hawaii. In paragraph III of his complaint, plaintiff alleged that he is the sole owner "in fee simple absolute" of the lands in question by two deeds, one from Adolph Bode and Mary Kapawai Bode, dated August 27, 1945; and the other from William C. Achi, Jr., and Rebecca K. Achi, dated...

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