Fick v. Fick

Plaintiffs instituted this action to have property held by defendant Harold Joseph Fick be declared held in trust for the estate of Harold Lee Fick, that the estate be ordered sold, and the proceeds from such sale be paid to the plaintiffs and defendants as co-owners of the property. That the estate repay the defendant, Harold Joseph Fick, for paying the mortgage against the property. The trial court entered a judgment for the defendants.

The only issue on appeal is whether a cotenant of a piece of property owned in a tenant-in-common relationship can purchase the property at a mortgage…