HRS 0668-0001 ANNOTATIONS

Joinder of parties plaintiff, see HRCP rule 20(a).

Once decree entered discontinuance of suit is not allowable against objection. 9 H. 389.

Where same issues, ejectment, res judicata. 29 H. 482; 30 H. 323.

Pedigree. 30 H. 116, explained 49 H. 273, 295, 414 P.2d 925; 49 F.2d 24.

Trial of title dispute is enlargement of usual powers in a partition suit. 48 H. 92, 96, 395 P.2d 620.

Where State claims absolute title, it cannot be sued without its consent. 48 H. 92, 395 P.2d 620.

"Usual practice of courts of equity" includes the partition in kind of common property. 57 H. 510, 559 P.2d 739.

See 30 H. 860; 35 H. 262.

As chapter allows actions to be brought only for partition of real property held in joint tenancy or tenancy in common, and not for estates held by the entireties, property owner was not authorized to sever husband's alleged interest in property from wife's interest and thereby convert wife's interest into a tenancy in common with property owner. 92 H. 228 (App.), 990 P.2d 126.

Cited: 37 H. 74, 97.