SMART v. LUIKI

No. 7905.

640 P.2d 1172 (1982)

Richard SMART, Plaintiff-Appellant, v. Heirs of C. LUIKI; Heirs of Kapahu; Heirs of Amos Koki; Heirs of Solomon David Koki; Tamao Ishihara and Hatsumi Ishihara; Raymond Nakamoto and Ruth C. Nakamoto; the Hawaiian Homes Commission, State of Hawaii; and to All Whom It May Concern, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

February 19, 1982.


Attorney(s) appearing for the Case

Erik R. Zen, Honolulu (Dennis E.W. O'Connor, Honolulu, with him on the briefs, Hoddick, Reinwald, O'Connor & Marrack, Honolulu of counsel) for plaintiff-appellant.

Tobias C. Tolzmann and Stephen D. Quinn, Honolulu for defendants-appellees.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.


PADGETT, Judge.

This is an appeal from an amended final judgment in a quiet title action. Appellant raises two contentions: One is that he should have been adjudicated the sole owner of the premises in question because of his claim of constructive adverse possession. We disagree and affirm the holding that he had not established title by adverse possession to the whole interest in the premises.

Appellant's second contention is that in determining the respective...

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