§501-53  Dismissal; effect; withdrawal,
conditions.  If the court finds that the applicant has not title proper for
registration, a decree shall be entered dismissing the application and the
decree may be ordered to be without prejudice in whole or in part; but unless
it is so ordered, it shall bind the parties, their privies, and the land in
respect to any issue of fact which has been tried and determined.  The
applicant may withdraw the applicant's application at any time before final
decree, upon terms to be determined by the court.  The court may in its
discretion require the applicant who moves to withdraw the applicant's
application or to substitute some other person as applicant, to stipulate that
the applicant shall be bound by the result of any issue of fact which has been
tried and determined, and such stipulation shall bind the parties, their
privies and the land itself. [L 1903, c 56, §37; am L 1921, c 214, pt of §1; RL
1925, §3227; RL 1935, §5032; RL 1945, §12632; RL 1955, §342-33; HRS §501-53; gen
ch 1985]



 



Case Notes



 



  Petition dismissed by circuit court after appeal taken there,
when it appeared U. S. indispensable party.  34 H. 93.



  Application based on adverse possession, proof required.  37
H. 49.



  Applicant has burden of proof; application may be dismissed
if court is unable to decide which of the conflicting testimony is
trustworthy.  47 H. 472, 391 P.2d 403.



  Land court decree need not contain factual issues tried and
determined in a land court application.  Appellate court is not limited to
reviewing land court decree, but should review land court's written decision
and entire record to determine binding effect on the parties in accordance with
the mandate of this section.  75 H. 164, 858 P.2d 712.



  State was precluded from maintaining its ejectment action
with respect to parcels of real property pursuant to this section.  75 H. 164,
858 P.2d 712.