Cones v. Lindenberg

OPINION

By BARNES, J.

The above-entitled cause is now being determined as an error proceeding by rason of defendant’s notice of appeal on questions of law from the judgment of the Court of Common Pleas of Franklin County, Ohio.

In the trial court G. Walter Lindenberg was also a defendant- and the judgment of the trial court was against both defendants, but the error proceeding is prosecuted by Leo Lindenberg alone.

The following narrative facts in chronological order will render understandable the nature of the issues between the parties.

On November 9, 1909, the then owners of the fee m a five…