SWINEHART, J.:
Defendant DeVaun C. Adams appeals from an adverse summary judgment arising out of plaintiff's action for the partition of real estate and defendant's counterclaim for quiet title.
Plaintiff Gertrude Adams is the widow of W.C. Adams and defendant DeVaun Adams is the son of W.C. Adams. W.C. Adams and his first wife were the owners of the real estate in question. The first Mrs. Adams died intestate and of her interest
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