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MDG SUPPLY, INC. v. CALMES

No. 4929.

472 P.2d 499 (1970)

MDG SUPPLY, INC., a Hawaii corporation, Plaintiff-Appellant, v. Marquis CALMES, Stanley Unten, William S. Ellis, Jr., and Webb E. Beggs, Jr., as Trustees of Diversified Investments, Inc., a dissolved Hawaii corporation, William S. Ellis, Jr., and Florence Ellis, Defendants-Appellees.

Supreme Court of Hawaii.

July 17, 1970.

Attorney(s) appearing for the Case

John T. Vail, Wailuku (B. Martin Luna, on the briefs, Ueoka & Vail, Wailuku, of counsel), for appellant.

William S. Ellis, Jr., pro se.

Ralph E. Corey, Honolulu, for appellees except William S. Ellis, Jr.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

PER CURIAM.

MDG Supply, Inc., brought action to cancel a warranty deed from Diversified Investments, Inc., to William Ellis as a conveyance in fraud of creditors. The deed purported to convey certain real property which was already subject to a court ordered sale to satisfy a judgment obtained by appellant. The lower court dismissed the action as barred by HRS § 416-33 since it was not brought within 90 days of the recording of the deed.

We reverse. HRS...

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