APPLE v. KILE

No. 2-182A5.

457 N.E.2d 254 (1983)

Marion C. APPLE, Appellant (Defendant below), v. Hilda KILE, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied January 13, 1984.

Transfer Denied March 16, 1984.


Attorney(s) appearing for the Case

David H. Williams, Noel, Noel & Williams, Kokomo, for appellant.

George Wildman, Miller, Tolbert & Wildman, Logansport, for appellee.


SULLIVAN, Judge.

Marion C. Apple (Apple) appeals a negative judgment quieting title and awarding possession of approximately 30 acres real estate to his sister, Hilda Kile. Apple's claim rests upon a devise from his and Hilda's mother. On the other hand, Hilda Kile claims ownership by virtue of a devise from their father.

In 1937, the father of Apple and Kile became the owner of the disputed 30 acre tract. The warranty deed, as executed and recorded contained...

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