Hawaiian Commercial & Sugar Co. v. Waikapu Sugar Co.
Hawaii Supreme Court
Appeal From Judd, C.J. Opinion op the Full Court. Having well considered this case and the arguments of counsel, we hold that a Justice of the Supreme Court has jurisdiction in Equity, at Chambers, to entertain a bill for partition of real estate, for we consider that the power granted in the 852d Section of the Civil Code, to partition real estate, is in harmony with the 1228th Section, providing for the bringing of proceedings in Equity to partition real estate by sworn…
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Appeal From Judd, C.J. Opinion op the Full Court. Having well considered this case and the arguments of counsel, we hold that a Justice of the Supreme Court has jurisdiction in Equity, at Chambers, to entertain a bill for partition of real estate, for we consider that the power granted in the 852d Section of the Civil Code, to partition real estate, is in harmony with the 1228th Section, providing for the bringing of proceedings in Equity to partition real estate by sworn petition, and is explained by the latter to be a grant of jurisdiction in Equity. We therefore affirm the decision…
1Opinion of the Court
Decision op
Judd, C.J.,
Appealed From.
This is a bill in Equity for partition of certain lands on Maui known as Waikapu and Pulehunui, containing, say, 15,000 acres. The defendant corporation not acting, Geo. W. Macfarlane, the owner of one-half of its stock, appeared by leave of the Court and filed a plea in abatement and a demurrer.
The defendant corporation had brought an action at law against *450the plaintiff corporation to recover possession of the lands in question according to its title therein, and for damages resulting from ouster therefrom. This suit is now awaiting a hearing by the Court…
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