Default; effect.

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§501-46 Default; effect. If no person appears and answers within the time allowed, the court may at once, upon motion of the applicant and no reason to the contrary appearing, order a general default to be recorded and the application to be taken for confessed. By the description in the notice "to all whom it may concern," all the world are made parties defendant and shall be concluded by the default and order. After the default and order the court may enter a decree confirming the title of the applicant and ordering registration of the same. The court shall not be bound by the report of the examiner of title, but may require other or further proof. [L 1903, c 56, §35; RL 1925, §3224; RL 1935, §5029; RL 1945, §12629; RL 1955, §342-30; HRS §501-46]

Cross References

Duty of attorney general when there are grounds for contesting, see §501-44.

Case Notes

Cited: 35 H. 816, 822 (1941).


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