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IN RE APPLICATION OF KELLEY

No. 4423.

50 Haw. 567 (1968)

445 P.2d 538

IN THE MATTER OF THE APPLICATION OF ROY CECIL KELLEY AND ESTELLE LOUISE KELLEY, TO REGISTER TITLE TO LAND SITUATE AT KAALAWAI, KAPAHULU, OAHU, STATE OF HAWAII.

Supreme Court of Hawaii.

September 30, 1968.

Attorney(s) appearing for the Case

Andrew S.O. Lee, Deputy Attorney General (Bert T. Kobayashi, Attorney General, with him on the briefs) for the State of Hawaii, appellant.

Charles W. Key (Lewis, Saunders & Sharpless) for appellees.

RICHARDSON, C.J., ABE AND LEVINSON, JJ., CIRCUIT JUDGE OKINO FOR MARUMOTO, J., DISQUALIFIED, AND CIRCUIT JUDGE OGATA BY REASON OF VACANCY.

OPINION OF THE COURT BY RICHARDSON, C.J.

On January 30, 1959, Roy and Estelle Kelley petitioned the land court to register title to certain lands situate in the general area known as Kaalawai, Oahu. The Kelleys claimed that the lands were conveyed to them through a chain of title dating back to a grant from the trustees of the Lunalilo Estate to one W. James Smith in 1885.

The question before this Court is whether...

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