Soott v. Pilipo

Citations

• 24 Haw. 277

Syllabus

<p>Appeal and Error — findings—evidence.</p> <p>When the evidence is meagre and unsatisfactory but tends to support the findings of fact made by the trial judge sitting in equity the findings will be sustained on appeal.</p> <p>Tenancy in Common — lease—accounting.</p> <p>Where one cotenant leases a part of the common property for a term of years the lessee becomes a cotenant and is liable to account for rents and profits to the other cotenants.</p> <p>Same — deeds to whole or part of common property.</p> <p>Where one tenant in common makes a deed to the whole of the common property the deed conveys only his own interest and does not convey the interests of his cotenants, but where he attempts to convey a specific portion of the common property by metes and bounds to a stranger the deed is voidable at the election of his cotenants and the grantee does not, where there is no avoidance of the deed, become a cotenant so as to enable him to have the specific portion so conveyed set aside to him and only acquires such proportionate interest in the specific part described by metes and bounds as his grantor had, not in the whole, but in this particular portion.</p>