Hurwich v. Zoss

— Appellant Jack Hurwich filed a complaint seeking equitable partition of certain real estate located in St. Joseph County, Indiana, alleging that appellant and appellee Bette Zoss own the fee simple title to the said tract of real estate as tenants in common subject to a life estate in said property in appellee Kathryn E. Hurwich. Thereafter, the trial court sustained appellees’ motion to dismiss for failure to state a claim upon which relief can be granted. Appellant’s motion to correct errors was denied and this appeal was perfected.

The sole issue presented by this appeal is whether…