HERBERT, J.
This proceeding was originated under the provisions of Chapter 1313, Revised Code. Although there seems to have been no challenge in the Probate Court by any of the parties as to such procedures in that court and no reference thereto in the journal entry of the Court of Appeals, the majority opinion contains the following:
"In the present case we are not faced with an action to foreclose a mechanic's lien but in a special proceeding in the Probate...
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