§668-8  Trial of title.  Whenever the
legal title of any particular share or interest in the property is
controverted, the issue shall be triable of right by a jury; provided that as
to any such particular controversy, where no other share or interest in the
property is affected thereby, the court may set apart to the disputants
collectively such a portion or portions of the property or of the proceeds of
sale thereof as they or the real owner or owners among them would be entitled
to receive were the ownership of the share or interest not in dispute.  In each
case the portion or portions set apart shall thereafter alone be the subject of
the controversy between the disputants, leaving the remaining interests and
parties unaffected thereby.  The court may then proceed with the general
partition accordingly; and the dispute, as transferred to the separate portion
of the land or share of proceeds allotted therefor in the general partition,
shall thereafter be heard and determined and a supplemental decree or decrees
entered accordingly. [L 1923, c 178, §8; RL 1925, §2768; RL 1935, §4747; RL
1945, §12457; RL 1955, §337-8; HRS §668-8; am L 1972, c 90, §11(k)]



 



Rules of Court



 



  Demand for jury trial, see HRCP rule 38.  Partial summary
judgment, see HRCP rule 56(d).  Judgment upon multiple claims, see HRCP rule
54(b).



 



Case Notes



 



  Right to trial by jury of title dispute.  30 H. 860.  Trial
of title dispute is enlargement of usual powers in a partition suit.  48 H. 92,
96, 395 P.2d 620.



  Cited:  35 H. 213, 215.