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· 11/26/1918

Lauer v. Green

Citations

  • 99 Ohio St. (N.S.) 20

Syllabus

<p>Partition — Right of tenant in common — Section 12026, General Code — Cannot be defeated by will of cotenant, when.</p> <p>1. The provisions of Section 12026, General Code, confer upon every tenant in common having the possession or an immediate right to the possession of lands, the right to compel partition of the same.</p> <p>2. The estate of such tenant in common cannot be affected or his right to compel partition defeated, deferred or limited by the provisions of the will of his cotenant whereby he attempts to entail his estate including the lands owned as a cotenant.</p>

Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanamaker

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