HORNBECK, J.
This is an appeal on questions of law and fact from a judgment of the Common Pleas Court in favor of the plaintiff and against the defendant, ordering defendant to convey to the plaintiff legal title to the undivided two-fifths interest in fee simple in the premises described in plaintiff's petition. The cause is submitted upon a stipulation of counsel that the record will be made up of a transcript of the testimony and exhibits in the Common Pleas Court...
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