Raisch v. Schuster

The plaintiff, appellee herein,.,owner of an undivided l/21st interest in certain realty, .filed an action under R. C. 5307.01 for partition of the fee. ■ The defendants, the appellants and remaining tenants-in-common, raised, as a defense to. the suit, a written agreement executed on September 29,1971, between all of the several owners of the property in question. The dispositive language of such recited:

1 ' “This Agreement further witnesseth that the parties hereto agree that, with respect to any real estate that they may own as. co-owners in Colerain Township, Hamilton County, Ohio, they…