Woolery v. Grayson

The appellant petitioned for an order directing partition of real estate, and the appellees filed a counter-claim asserting title to all of the land.

The question of title may be put in issue in a suit for partition, and a counter-claim or cross-complaint is an appropriate method of presenting the question of title for the judgment of the court. Spencer v. McGonagle, 107 Ind. 410; Cooter v. Baston, 89 Ind. 185.

The counter-claim of the appellees undertakes to state the facts constituting the title asserted, and the sufficiency of the pleading must be determined from these facts, for, where a…