McMILLAN v. KRANTZ

No. 806.

94 Ohio App. 9 (1952)

McMILLAN, APPELLEE, v. KRANTZ ET AL., APPELLANTS.

Court of Appeals of Ohio, Tuscarawas County.

Decided December 20, 1952.


Attorney(s) appearing for the Case

Messrs. Chalfant & Smith and Messrs. Seikel & Seikel, for appellee.

Messrs. Day, Cope, Ketterer, Raley & Wright and Mr. James E. Patrick, for appellants.


PUTNAM, J.

This case originated in the Common Pleas Court of Tuscarawas County as an action for statutory partition. It involves the construction of Section 10503-5, General Code, the so-called half-and-half statute, and what the phrase therein, "identical real estate," means. The trial court held that the phrase, "identical real estate," comprised the property in question, granted the prayer of the petition; and, consequently, held that the property was the identical...

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