Burch v. Brooks

Citations

• 24 Ohio C.C. Dec. 605

Syllabus

<p>PARTITION.</p> <p>1. Conflicting and Inconsistent Elections in Partition Refused and Sale Procedure Adopted not Erroneous.</p> <p>It is not error in an action for partition for the court to refuse to accept inconsistent and conflicting elections by parties in interest, and in lieu thereof adopt the procedure of ordering a sale.</p> <p>.2. Bad Faith of One without Means to Consummate Election Made not Assumed.</p> <p>Bad faith can not be assumed upon an election to take by a party in interest who is without means of his own with which to make good the obligations assumed under an election to take, where it appears that he is able to make arrangements for meeting the obligations through the aid of others.</p>