Peterson v. Mitchener

OPINION

By WISEMAN, J.

This is an appeal on law and fact from the judgment of the Common Pleas Court of Greene County, Ohio. This is an action in partition, filed June 7, 1945, wherein the plaintiffs, Hattie Peterson and Margaret Long, and the defendants, Lawrence Mitchener, Florence Mitchener, Vergo Mitchener, Thurman Mitchener, Alice Mendenhall, Walter Mitchener and Horace Mitchener, were all children of Samuel C. and Margaret Mitchener.

The record shows that Samuel C. Mitchener died intestate on July 3, 1941, owning the undivided one-half interest in said real estate; that at the time of his…