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POWERS v. ELLIS

No. 5580.

520 P.2d 431 (1974)

George Augustus POWERS and Macel Welcome Powers, Plaintiffs-Appellees, v. William S. ELLIS, Jr., Trustee in Dissolution for Kula Development Corporation, et al., Defendants, and Howard S. Whitney and Edith G. Whitney, Defendants-Appellants.

Supreme Court of Hawaii.

March 29, 1974.

Attorney(s) appearing for the Case

Edward A. Jaffe, Honolulu (Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for plaintiffs-appellees for the motion.

Helen B. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for defendants-appellants Howard S. Whitney and Edith G. Whitney.

Before RICHARDSON, C.J., LEVINSON, KOBAYASHI and OGATA, JJ., and HAWKINS, Circuit Judge, assigned by reason of vacancy.

LEVINSON, Justice.

The plaintiffs-appellees move to dismiss the appeal of the defendants-appellants Howard S. Whitney and Edith G. Whitney in this mortgage foreclosure action. The trial court entered a decree of foreclosure on August 28, 1973, and an order of sale of the mortgaged property on August 30, 1973. The appellants, assignees of lienors who are admittedly junior to the plaintiffs, brought a "Motion for Summary Judgment and to Amend Decree and Order of Sale...

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