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HURWICH v. ZOSS

No. 3-376A53.

353 N.E.2d 549 (1976)

Jack HURWICH, Plaintiff-Appellant, v. Bette ZOSS and Kathryn E. Hurwich, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

September 2, 1976.

Attorney(s) appearing for the Case

Carl Leibowitz, South Bend, for plaintiff-appellant.

Irving A. Hurwich, Harold E. Brueseke, Hurwich & Brueseke, South Bend, for Kathryn E. Hurwich.

Joseph A. Roper, Chapleau, Roper, McInerny, Minczeski & Farabaugh, South Bend, for Bette Zoss.

HOFFMAN, Judge.

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...

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