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STOCKER & SITLER, INC. v. METZGER

No. 986.

19 Ohio App. 2d 135 (1969)

STOCKER & SITLER, INC. ET AL., APPELLEES, v. METZGER ET AL., APPELLANTS; ET AL., APPELLEES.

Court of Appeals of Ohio, Tuscarawas County.

Decided August 6, 1969.

Attorney(s) appearing for the Case

Messrs. Fitzpatrick & Zimmerman and Mr. Donald Zimmerman, for Stocker & Sitler, Inc., et al.

Messrs. Patrick. Patrick & Lehigh and Mr. Daniel T. Lehiah, for Walter R. Metzger.

Messrs. Sani & Barnhouse and Mr. James R. Barnhouse, for sons and daughters of Clarence LeRoy Metzger and the surviving spouse of Clarence L. Metzger.

Messrs. Smith, Renner, Hanhart & Miller and Mr. Dorren Renner, for William Murphy.

Mr. Robert A. Mowbray, for Lonnie and Opal Jones.

Mr. Clair P. Hoffman, for Nora Johnson and Edith Kinsey.

RUTHERFORD, J.

This appeal is from a declaratory judgment rendered by the Common Pleas Court construing an exception contained in the granting clause of premises conveyed by deed.

On October 30, 1914, by deed recorded in Volume 173, page 489, Tuscarawas County Deed Records, William R. Metzger and Ida C. Metzger conveyed to Richard Montague and Catherine Montague the premises in question, excepting such portion as was reserved by the following portion of the...

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