CAMPBELL v. DePONTE

No. 5597.

559 P.2d 739 (1977)

James S. CAMPBELL and Phoebe P. Campbell, Plaintiffs-Appellees, v. Louis DePONTE, Sr., Defendant-Appellant, and the Unknown Heirs of Kealokai Kukahiko aka Mrs. Kealokai Kalaehaeha et al., Defendants.

Supreme Court of Hawaii.

Rehearing Denied March 3, 1977.


Attorney(s) appearing for the Case

Joseph A. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for defendant-appellant.

Robert B. Bunn, Honolulu (Cades Schutte Fleming & Wright, Honolulu, of counsel), for plaintiffs-appellees.

Before RICHARDSON, C.J., KOBAYASHI, OGATA, KIDWELL, JJ., and LANHAM, Circuit Judge, in place of MENOR, J., disqualified.


Rehearing Denied March 3, 1977. See 560 P.2d 1303.

KIDWELL, Justice.

This is an appeal by one of the cotenants from a judgment which partitioned real property among tenants in common by allotting subdivided parcels in kind to designated cotenants. We affirm the judgment.

The undivided interests in the land, or shares, as determined by the court, were more than 60 in number and ranged in magnitude from 70.267% down...

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