DUFFY, Chancellor:
In this action for partition of real property defendant has moved to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted. Affidavits were filed and considered by the Court and, under Rule 12(b), Del.C.Ann., the motion is treated as one for summary judgment.
A.
The complaint alleges that the parties took title to property in Limestone Acres on November 5, 1965 as man and wife, although...
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