Legal Opinion

Deutsche Bank National Trust Co. v. Peelua

Hawaii Supreme Court

Decided November 8, 2011No. SCWC-30225PublishedCited by 4 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that (1) where, in an ejectment proceeding filed in district court, a defendant seeks to raise a defense to the court's jurisdiction pursuant to District Court Rules of Civil Procedure (DCRCP) Rule 12.1, 1 on the ground that the action is one in which title to real estate will come into question, the defendant must set forth in the affidavit “the source, nature, and extent of the title claimed by defendant” with sufficient detail or specificity to “fully apprise the court of the nature of’ its claim to title of the property in question; (2)…

2Cases cited10 opinions

  1. Aames Funding Corp. v. MoresHawaii Supreme Court · 2005
  2. Coney v. ManeleHawaii Supreme Court · 1879
  3. Harrison v. McCandlessHawaii Supreme Court · 1914
  4. Kimball v. LincolnHawaii Supreme Court · 1991
  5. Ward v. KamanaouluHawaii Supreme Court · 1895

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3Cited by4 opinions

  1. U.S. Bank National Ass'n v. CastroHawaii Supreme Court · 2013
  2. Scholes v. Kiyoshi KawaguchiHawaii Intermediate Court of Appeals · 2017
  3. Association of Apartment Owners of Century Center, Inc. ex rel. Board of Directors v. Young Jin AnHawaii Supreme Court · 2016
  4. U.S. Bank National Association, as Trustee, on Behalf of the Holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE8, Asset Backed Pass-Trhough Certificates, Series NC 2005-HE8 v. Castro.ÂHawaii Supreme Court · 2013

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