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Cunningham v. Hastings

Court of Appeals of Indiana
556 N.E.2d 12 (1990)


Facts

In 1984, property was deeded to Joan Cunningham (plaintiff) and Warren Hastings (defendant), as “joint tenants with right of survivorship, and NOT as tenants in common.” Cunningham and Hastings were not married. When the relationship between Cunningham and Hastings ended, Hastings took sole possession of the property. Cunningham filed a complaint seeking partition of the real estate. The trial court held that Cunningham and Hastings were joint tenants and ordered sale of the property. The trial court further held that the sale proceeds first go to covering the costs of the legal proceedings. The next $45,000 would go to Hastings as a refund of the purchase price Hastings paid for the property. The remainder was to be divided between Cunningham and Hastings equally. Cunningham appealed the trial court’s award of $45,000 to Hastings.

Rule of Law

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Issue

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Holding and Reasoning (Baker, J.)

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Concurrence (Ratliff, C.J.)

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