§668-15  Conveyances and payments in
partition; possession and guaranty.  The title of every claimant to any
share or interest in the property shall be shown to the satisfaction of the
court before any conveyance in partition is made to the party of the portion or
portions of the land allotted to the share or interest, or before payment to
the party of the corresponding portion of the proceeds of sale thereof;
provided that in any case where the legal title of a claimant to any particular
share or interest has not been shown to the satisfaction of the court but the
claimant has color of title thereto and the claim is not controverted, and the
court has in the general partition made an allotment of a portion or portions
of the land, or in case of a sale in partition has allotted a part of the
proceeds in respect of the share, for the benefit and account of the legal
owner or owners of the share under section 668-10, the court may authorize the
claimant to enter into and take possession of the portion or portions of land
so allotted on account of the share, or to receive such share of proceeds, upon
the claimant first giving security in such form and amount as is satisfactory
to the court that in the event that any other person or persons prosecute any
adverse claim thereto in the action within ten years after the filing of the
court's order (of which order a certified copy shall be recorded in the bureau
of conveyances in Honolulu) and prove such adverse claim, the claimant as the
possessory holder, or the claimant's heirs or assigns, will surrender the
possession of the land to the legal owner or owners thereof and account and
make restitution for the rents, issues, and profits thereof, or, as to such
fund that the claimant or the claimant's heirs, or personal representatives
will refund and repay the same to the court or to its order with legal interest
thereon.  In either case, if no claim to the land or fund is made by any other
party within the ten years, and successfully established, the title and right of
the possessory holder shall become absolute as by prescription, subject to any
legal suspension or extension of the prescriptive period in favor of any person
under any legal disability as in other cases of prescription. [L 1923, c 178,
§15; RL 1925, §2775; RL 1935, §4754; RL 1945, §12464; RL 1955, §337-15; HRS
§668-15; am L 1976, c 200, pt of §1; gen ch 1985]