§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 (1929).

Trial of title dispute is enlargement of usual powers in a partition suit. 48 H. 92, 96, 395 P.2d 620 (1964).

Cited: 35 H. 213, 215 (1939).