§668-15 Conveyances and payments in partition; possession and guaranty. The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any conveyance in partition is made to the party of the portion or portions of the land allotted to the share or interest, or before payment to the party of the corresponding portion of the proceeds of sale thereof; provided that in any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of the court but the claimant has color of title thereto and the claim is not controverted, and the court has in the general partition made an allotment of a portion or portions of the land, or in case of a sale in partition has allotted a part of the proceeds in respect of the share, for the benefit and account of the legal owner or owners of the share under section 668-10, the court may authorize the claimant to enter into and take possession of the portion or portions of land so allotted on account of the share, or to receive such share of proceeds, upon the claimant first giving security in such form and amount as is satisfactory to the court that in the event that any other person or persons prosecute any adverse claim thereto in the action within ten years after the filing of the court's order (of which order a certified copy shall be recorded in the bureau of conveyances in Honolulu) and prove such adverse claim, the claimant as the possessory holder, or the claimant's heirs or assigns, will surrender the possession of the land to the legal owner or owners thereof and account and make restitution for the rents, issues, and profits thereof, or, as to such fund that the claimant or the claimant's heirs, or personal representatives will refund and repay the same to the court or to its order with legal interest thereon. In either case, if no claim to the land or fund is made by any other party within the ten years, and successfully established, the title and right of the possessory holder shall become absolute as by prescription, subject to any legal suspension or extension of the prescriptive period in favor of any person under any legal disability as in other cases of prescription. [L 1923, c 178, §15; RL 1925, §2775; RL 1935, §4754; RL 1945, §12464; RL 1955, §337-15; HRS §668-15; am L 1976, c 200, pt of §1; gen ch 1985]