Case Notes

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

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

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.