Sec. 23. In an action by a plaintiff who is a tenant in common or joint tenant of real property against the plaintiff's cotenant, the plaintiff must show, in addition to the plaintiff's evidence of right, that defendant:
(1) denied plaintiff's right; or
(2) did some act amounting to a denial of a plaintiff's right.
[Pre-2002 Recodification Citation: 32-15-2-23.]
As added by P.L.2-2002, SEC.15.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 2. Ejectment and Quiet Title
32-30-2-1. Action to Recover Real Property From Tenant; Other Persons
32-30-2-2. Landlord Substituted as Defendant in Action to Recover Real Property From Tenant
32-30-2-3. Legal Service on Nonresident Defendant
32-30-2-4. Contents of Complaint
32-30-2-5. Answer to Complaint; Denials
32-30-2-6. Defendant Not Required to Prove Possession
32-30-2-7. Recovery for Use and Occupation; Recovery Limitation
32-30-2-8. Expiration of Plaintiff's Interest; Damages Only
32-30-2-9. Multiple Parties; Recovery
32-30-2-10. Petition for New Trial
32-30-2-11. Petition for New Trial; Filing
32-30-2-12. Third Persons Acquiring Interest During Proceedings
32-30-2-13. Recovery From Good Faith Purchaser After New Trial
32-30-2-14. Judgment Conclusive Evidence Against Landlord Receiving Notice
32-30-2-15. Plaintiff's Recovery Dependent Upon Strength of Plaintiff's Own Title
32-30-2-16. Order Allowing Entry to Survey; Motion; Notice; Hearing
32-30-2-17. Entry Order; Description of Property; Service Upon Owner or Occupant
32-30-2-19. Defendant's Wanton Aggression; Exemplary Damages
32-30-2-20. Action to Determine and Quiet Title; Plaintiffs
32-30-2-22. Defendant's Answer; Court Costs
32-30-2-23. Action Against Cotenant; Plaintiff's Evidentiary Burden