GOMES v. UPCHURCH

No. 4543.

432 P.2d 890 (1967)

Maria Cosie GOMES and Joseph Gomes, Trustees under the Will of Manuel Gomes, Deceased v. William UPCHURCH et al.

Supreme Court of Hawaii.

November 1, 1967.


Attorney(s) appearing for the Case

Ton Seek Pai, Honolulu (Okumura & Takushi, Honolulu, of counsel) for defendants-appellants. William Upchurch, Elaine Upchurch, Keikilani Gallagher, Heirs of Emmaline L. Upchurch, Henry A. Wong, Thelma Wong, Francis K. Chun and Gloria C. Chun.

Merrill L. Carlsmith, Tamotsu Tanaka, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel) for plaintiffs-appellees.

Before RICHARDSON, C. J., and MIZUHA, MARUMOTO, ABE and LEVINSON, JJ.


MIZUHA, Justice.

Plaintiffs-appellees brought suit against defendants to establish plaintiffs' title to 19.93 acres of land in the district of Kona, County of Hawaii, by deed and adverse possession. Defendants-appellants in their answer to the complaint denied that plaintiffs had either paper title or title by adverse possession as to a portion of the property consisting of approximately two acres. The trial judge found that plaintiffs had acquired title to the two...

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