Lathem v. Hestley

Hines, Justice.

Lathem appeals from the trial court’s order dismissing for failure to state a claim upon which relief can be granted his petition for the partition of three parcels of land. 1 For the reasons that follow, we reverse.

Taking Lathem’s allegations as true, as is required when reviewing an order on a motion to dismiss for failure to state a claim under *850OCGA § 9-11-12 (b) (6), see Anderson v. Flake, 267 Ga. 498, 501 (2) (480 SE2d 10) (1997), the facts are as follows: The first of the three parcels of land was acquired by Hestley in 1959. In 1974, Lathem began living there with…