Pence v. Pence

OPINION

By HORNBECK, J.

This is an appeal on questions of law and fact from a judgment of the Common Pleas Court.

The action was brought by the guardian of Sellas Pence and Elba Pence, Sellas Pence having attained majority since the institution of the suit, for partition of real estate and personal property, for an accounting by defendant, Roy N. Pence, and for the appointment of receiver.

Ivan W. Pence, son and heir at law of Ruth A. Pence, prior to the institution of the suit deeded his share in the real estate described in the petition to his brothers and sisters in equal parts.

Roy N. Pence,…