Kain, Exr. v. Weitzel

OPINION

By ROSS, J.

The Court of Common Pleas of Hamilton county sustained a demurrer to the petition and rendered judgment for the defendant. From the petition it appears that:

The plaintiff is the executor of one Anna M. Kain, deceased, who purchased certain real estate at a sheriff’s sale pursuant to an order made in a partition proceeding. The defendant individually was one of the parties in such proceeding, being also administratrix of the estate of Phillip Kurrus. The partition proceeding was filed by one Rosemary Dames against her co-parceners in the real estate of Phillip Kurrus. All of…