Wise v. Wise

The appellees, Stanley E. Wise, Eunice Wise Black, Margaret Kelly, John W. Kelly, Ruth Kelly, John L. Kelly, Elsie Lepley, and Grace Schumacher, brought this action for the partition of real estate, located in DeKalb County, Indiana.

Their complaint alleged that the appellees and the appellants were the owners in fee simple as tenants in common of one hundred and twenty acres of real estate in DeKalb County, Indiana. The complaint further alleged that said real estate’ was originally owned in fee simple by David Kutzner, who died testate in December, 1905. Item 4 of the will of said David…