Phelan v. Panciteria Far East, Inc.

443 F.2d 817 Finton J. PHELAN, Jr. and Fred E. Bordallo, as Co-Administrators of the Estate of Paul D. Palting, deceased, Appellants, v. PANCITERIA FAR EAST, INC., a corporation et al., Appellees. No. 25836. United States Court of Appeals, Ninth Circuit. May 19, 1971. Finton J. Phelan, Jr. (argued), Agana, Guam, for appellants. David M. Shapiro (argued), Fred E. Bordallo, Agana, Guam, for appellees. Before KOELSCH, CARTER and KILKENNY, Circuit Judges. KILKENNY, Circuit Judge: 1 This is an appeal from a decree fixing the boundary between real property owned by appellant's intestate and that owned by appellees. Paul D. Palting, the original appellant, died during the course of this appeal and his co-administrators have been substituted. Nevertheless, in this opinion, we shall refer to decedent as appellant. FACTUAL BACKGROUND 2 Appellant and appellees owned adjoining lots near the city of Agana in Guam. The titles and boundaries thereto were evidenced by pre-war certificates similar to a certificate of title registered under the local version of the Torrens Act. The pre-war monuments, upon which the original survey was based, were destroyed in the invasion and recapture of Guam…