BERRY v. McCOURT

No. 7066.

119 Ohio App. 288 (1963)

BERRY ET AL., APPELLANTS, v. MCCOURT ET AL., APPELLANTS; BERRY ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided May 7, 1963.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright & Warren, for plaintiffs-appellants.

Messrs. Hamilton & Kramer, for appellees Edward A. Berry, Girard P. Berry and Paul F. Berry.

Messrs. Key, Butler, Harrison & Garlile, for appellee Urban J. Berry.


Per Curiam.

The sole question before the court at this time arises on a motion of defendants-appellees Edward A. Berry, Paul F. Berry and Girard A. Berry to dismiss the appeal in this case on questions of law and fact on the ground that this court has no jurisdiction to hear appeals on questions of law and fact and try cases de novo.

In the court below, the petition prays among other things that the court construe a certain deed of trust and...

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