Cunningham v. Hastings
Court of Appeals of Indiana
556 N.E.2d 12 (1990)
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
Holding and Reasoning (Baker, J.)
Concurrence (Ratliff, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.