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POWERS v. ELLIS

No. 5580.

545 P.2d 1173 (1976)

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.

Rehearing Denied February 23, 1976.

Attorney(s) appearing for the Case

Helen B. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for appellant.

James S. Campbell, Honolulu (Edward A. Jaffe and Edward D. Boyle, Honolulu, on the brief, Cades Schutte Fleming & Wright, Honolulu, of counsel), for appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

OPINION OF THE COURT

PER CURIAM.

This appeal is from a decree of foreclosure and an order of sale of the mortgaged property, as well as from an order denying adjudication of junior liens, entered in a mortgage foreclosure action. Appellants claim junior liens on the mortgaged property, acquired by assignment during the pendency of the litigation. Appellants became parties by substitution for defendants named in the complaint. Numerous procedural errors are...

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