Marks v. Ah Nee

This is an interlocutory appeal, duly allowed, from an order denying the State’s motion that it be dismissed from tbe case on the ground of sovereign immunity.

Plaintiffs, alleging themselves to be the owners of 32 out of 33 shares in hui land known as the Ahupuaa of Waikane, Royal Patent Grant No. 464 to Edwin O. Hall and Henry Dimond, brought this action for partition naming the State of Hawaii among the defendants. However, the complaint contains no allegation that the State is a tenant in common with plaintiffs or anyone else. The allegations as to the State are:(1) That among the…