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CHUN v. PARK

No. 4768.

462 P.2d 905 (1969)

Cedric C. CHUN, Trustee for Creditors and Stockholders of Sportswear Hawaii, Ltd., a Dissolved Hawaii corporation v. James Kwan Kee PARK, Ethel Oi King Ton Park, Holiday Fashions, Inc., a Hawaii corporation, and Honolulu Savings & Loan Co., Limited, a Hawaii corporation. Leonard P. PARESA and George M. Koga v. UNITED TITLE COMPANY, Limited, a Hawaii corporation.

Supreme Court of Hawaii.

As Amended December 18, 1969.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Albert Gould, Honolulu (Cobb & Gould, Honolulu, of counsel), for third-party defendant-appellant.

Leland H. Spencer, Honolulu (Walter G. Chuck and Charles M. Tonaki, Honolulu, on the brief; Chuck & Fujiyama, Honolulu, of counsel), for defendants and third-party plaintiffs-appellees.

Before RICHARDSON, C.J., ABE and KOBAYASHI, JJ., Circuit Judge HAWKINS in place of MARUMOTO, J., disqualified, and Circuit Judge NELSON DOI in place of LEVINSON, J., disqualified.

ABE, Justice.

This case involves a Pele Street property in Honolulu which was conveyed by James and Ethel Park to George M. Koga and Leonard Paresa.

In connection with this transaction, the Parks retained the United Title Company to prepare a certificate of title search. The title company prepared and delivered the certificate to the Honolulu Savings and Loan Association on April 10, 1962. The certificate noted a recorded first mortgage to State Savings and...

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