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ADAIR v. HUSTACE

No. 6589.

640 P.2d 294 (1982)

Carl C. ADAIR, Successor Trustee in Dissolution of Kona Corporation, a Dissolved Hawaii Corporation, Plaintiff, v. Edward C. HUSTACE, Trustee, et al., Defendants. Hannah REEVES, et al., Defendants, Cross-Claimants, Appellants, Cross-Appellees, v. FOOTHILL LAND CORPORATION, et al., Defendants, Cross-Defendants, Appellees, Cross-Appellants, and Edward C. Hustace, Trustee, Defendant, Appellee.

Supreme Court of Hawaii.

Reconsideration Denied March 9, 1982.

Attorney(s) appearing for the Case

Lawrence W. Cohn, Kailua-Kona, for defendants, cross-claimants, appellants, cross-appellees Hannah Reeves, et al.

Paul A. Lynch and William W.L. Yuen, Honolulu (Case, Kay, Clause & Lynch, Honolulu, of counsel), for defendants, cross-defendants, appellees, cross-appellants Foothill Land Corp., et al.

Michael W. Gibson, Honolulu (Ashford & Wriston, Honolulu, of counsel), for defendant, appellee Edward C. Hustace.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, assigned by reason of vacancies.

RICHARDSON, Chief Justice.

These are appeals of final judgment on a cross-claim to cancel a deed. Cross-claimants allege that the deed was procured from the grantor, their ancestor, by the fraud of cross-defendants' predecessor-in-title. In a special verdict on written interrogatories, a jury found that the deed was procured by fraud, but that cross-claimants' action was barred by the statute of limitations, laches, estoppel and adverse possession. Judgment was entered...

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