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FRANKS v. SAGARIA

No. 2009CA00130.

2010 Ohio 3586

Barbara L. Franks, et al., Plaintiffs-Appellants, v. Sabato D. Sagaria, II, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Licking County.

DATE OF JUDGMENT ENTRY: August 3, 2010.

Attorney(s) appearing for the Case

Donald S. Andrews, 250 Civic Center Drive, Suite 500, Columbus, OH 43215, for Plaintiffs-Appellants.

W. Prentice Snow, 10 West Locust Street, P.O. Box 487, Newark, OH 43058-0487, for Defendant-Appellee.

Before: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.

OPINION

FARMER, P.J.

{¶1} Appellants, Barbara Franks and Daniel Rogers, and appellee, Sabato Sagaria, II, own adjoining property in Granville, Ohio. Appellants own Lot Nos. 181 and 182. Lot No. 181 is behind Lot No. 182. Appellee owns Lot Nos. 187 and 188. Lot No. 187 is behind Lot No. 188. Lot Nos. 181 and 187 are known as the "back lots."

{¶2} On June 28, 1894, the prior owners of the properties entered into...

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