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BLAIR v. FENTON

Nos. 481 and 482.

115 Ohio App. 405 (1961)

BLAIR, APPELLANT, v. FENTON ET AL., APPELLEES. FENTON ET AL., APPELLEES, v. BLAIR ET AL., APPELLANTS.

Court of Appeals of Ohio, Ross County.

Decided December 20, 1961.

Attorney(s) appearing for the Case

Messrs. Blair & Blair, for appellants.

Mr. Marshall G. Fenton and Mr. John S. Phillips, for appellees.

Mr. E. A. Moats and Mr. Wm. W. Stanhope, for certain other defendants.

COLLIER, J.

On September 29, 1960, plaintiffs Marshall G. Fenton and John S. Phillips filed their petition in case No. 30683 in the Common Pleas Court of Ross County, Ohio, seeking an order in partition of certain described real estate located in that county. Ten defendants were listed in the petition as tenants in common in the ownership of the premises described therein. A praecipe was attached to the petition for the issuance and service of summons on only eight...

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