RAISCH v. SCHUSTER

No. C-74664.

47 Ohio App. 2d 98 (1975)

RAISCH, APPELLEE, v. SCHUSTER ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided December 22, 1975.


Attorney(s) appearing for the Case

Messrs. Shea & MacKay, for appellee.

Messrs. Mebs, Altmayer & Von Hagen, for appellants.


PALMER, J.

The plaintiff, appellee herein, owner of an undivided 1/21st interest in certain realty, filed an action under R. C. 5307.01 for partition of the fee. The defendants, the appellants and remaining tenants-in-common, raised, as a defense to the suit, a written agreement executed on September 29, 1971, between all of the several owners of the property in question. The dispositive language of such recited:

"This Agreement further witnesseth that the...

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