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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