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CHRISTMAN v. CHRISTMAN

No. 36204.

171 Ohio St. 152 (1960)

CHRISTMAN ET AL., APPELLANTS, v. CHRISTMAN ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 15, 1960.

Attorney(s) appearing for the Case

Messrs. Nichols, Speidel & Nichols, for appellants.

Messrs. Ely, White & Davidson and Mr. John S. Moore, for appellees.

WEYGANDT, C. J.

In its opinion the Court of Appeals made the following comment:

"The trial court held, that under the circumstances, plaintiffs were guilty of laches; that the statute of limitations, Section 2305.09, Revised Code, applies because the gist of the suit is based on fraud; that four years having elapsed, plaintiffs can not now maintain their suit, it is unnecessary to puss upon the statute of limitations...

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