Pioneer Mill Co. v. Ward

CONCURRING OPINION OF

LE BARON, J.

The issue pertaining to the title of the structures and improvements such as the water tunnel and railroads on the lands subject to partition was authoritatively settled on first appeal of this cause, this court holding that “* * * the structures and improvements placed upon the land are not the sole property of the petitioner but, on the contrary, are the property of the parties hereto as tenants in common to the extent of their respective interests * * * .” (Pioneer Mill Co. v. Ward, 34 Haw. 686, 707.) This prior appellate determination, not having been…