FIRST NATL. BANK OF SHELBY v. SWANK

No. 11CA0011.

2011 Ohio 5428

First National Bank of Shelby, Plaintiff-Appellee, v. Robert L. Swank, et al., Defendants-Appellants.

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

DATE OF JUDGMENT: October 19, 2011.


Attorney(s) appearing for the Case

BENJAMIN D. KITZLER , 3 North Main Street, Suite 803, Mansfield, OH 44902, ROBERT S. NAYLOR , P.O. Box 4697, Steubenville, OH 43952, WAYNE A. ZACOUR , 142 West Liberty Street, P.O. Box 218, Wooster, OH 44691, For Plaintiff-Appellee.

MICHAEL L. INSCORE , 13 Park Avenue West, Suite 400, Mansfield, OH 44902, JON K. BURTON , 9 North Mulberry Street, Mansfield, OH 44902, STEVEN J. PAFFILAS , 801 W. Superior Avenue, Room 400, Cleveland, OH 44113, MARCIA J. MACON-BRUCE , 150 East Gay Street, 21st Floor, Columbus, OH 43215, For Defendants-Appellants.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J., Hon. Julie A. Edwards, J.


OPINION

FARMER, J.

{¶ 1} This case has a long and tortuous legal history dating back to 1996. Freeman Swank Sr., now deceased, and his wife Rheabelle Swank (hereinafter "Swank Parents") are the parents of Freeman Swank, Jr. (hereinafter "Jr."), and appellants herein, Robert L. Swank and E. Clark Swank. The Swank Parents owned over 500 acres of farm land on which they conducted dairy and farming operations and raised cattle and hogs. Appellants...

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