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UNITED CONGREGATIONAL, ETC. v. HEIRS OF KAMAMALU

No. 5654.

582 P.2d 208 (1978)

UNITED CONGREGATIONAL AND EVANGELICAL CHURCHES OF MOKU'AIKAUA AND HELANI, Plaintiff-Appellee, v. HEIRS OF Victoria KAMAMALU, Trustees of the Estate of Bernice Pauahi Bishop, Deceased, Department of Land and Natural Resources of the State of Hawaii, and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the Complaint adverse to the ownership of the Plaintiff, or constituting any cloud upon their title, and to Whom it May Concern, Defendants, State of Hawaii, Defendant-Appellant.

Supreme Court of Hawaii.

July 17, 1978.

Attorney(s) appearing for the Case

Andrew S.O. Lee, Deputy Atty. Gen., State of Hawaii, Honolulu, for defendant-appellant.

Thomas P. Gill, Honolulu (Gill, Park & Park, Honolulu, of counsel), for plaintiff-appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA, KIDWELL, JJ., and SHINTAKU, Circuit Judge, in place of MENOR, J., disqualified.

RICHARDSON, Chief Justice.

This appeal arises out of an action brought by the United Congregational and Evangelical Churches of Moku'aikaua and Helani (hereinafter, the United Churches) to quiet title to two church lots, situated in the North Kona district of the island of Hawaii at Holualoa and Kahalu'u. The heirs of Victoria Kamamalu and various other defendants either defaulted or disclaimed any interest in the lots. The only dispute at trial was between the United...

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