HRS 0668-0001 ANNOTATIONS

Rules of Court

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

Case Notes

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.

Read in pari materia, this section and §668-14, relating to the partition of real property, vest the circuit court with equitable discretion in judicial sales of such property, to reopen bidding after public auction but before confirmation of the public auction bid, and the court's rejection of confirmation of the highest bid submitted at a public auction does not require a showing that inadequacy of the bid amounted to fraud. 104 H. 119, 85 P.3d 644.

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.

 

Previous Next