Pioneer Mill Co. v. Victoria Ward, Ltd.

This is an appeal from a decision and judgment of the Supreme Court of Hawaii *123 in a suit for the partition of real property, Pioneer Mill Co. v. Ward, 37 Haw. 74 . The underlying question posed, is whether the property is susceptible of partition in kind without prejudice to the cotenants.

The land in suit comprises six noncon-tiguous parcels, aggregating about 195 acres, scattered along the valley of the Honokowai river from the sea to the mountains. Three of them border on that stream. The parcels, which differ from each other greatly in area, character and' value, are embraced within the exterior limits of a 10,000 acre sugar plantation owned by appellant.

For twenty years appellant leased the tracts from the then owners, under a contract containing the covenant that the lessee would at the end of the term surrender the premises “with the improvements” to .the lessors or their representatives. This lease expired in 1916, but appellant continued to hold over after the term. Shortly before the expiration date the Lahaina Agricultural Company, an almost wholly owned subsidiary of appellant, embarked on negotiations for the purchase of the parcels ; but it was not until 1919…