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CHUCK v. GOMES

No. 5449.

532 P.2d 657 (1975)

Agnes T. CHUCK et al., Plaintiffs-Appellees, v. Mabel T. GOMES et al., Defendants, Antone S. Teixeira, Defendant-Appellant, AMFAC Financial Corp., Defendant-Intervenor-Appellee, Clifford P. S. Shin, Defendant-Intervenor-Appellant.

Supreme Court of Hawaii.

February 28, 1975.

Attorney(s) appearing for the Case

Boyce R. Brown, Jr., Honolulu (Mattoch, Kemper & Brown, Honolulu, of counsel), for defendant-appellant and defendant-intervenor-appellant.

Hiroshi Sakai, Honolulu (Richard M.C. Lum, Honolulu, with him on the brief), for plaintiffs-appellees.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and FONG, Circuit Judge, assigned by reason of vacancy.

KOBAYASHI, Justice.

This is an appeal from the decree of the trial court ordering a sale of realty at public auction rather than a partition of the real estate. We affirm.

The real estate is owned equally by nine individuals as tenants in common, each owning an undivided one-ninth (1/9th) interest in fee. An action for partition of the realty or sale thereof was filed by three of the owners against the other owners.

The issues are: (1) whether or not...

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