State ex rel. Smith v. Friedman

0 ’Neill, C. J.

The relatrix filed an action in partition in the Common Pleas Court of Cuyahoga County on June 5, 1969, seeking partition of the property jointly owned by the relatrix and her husband.

Relatrix’s husband filed a divorce action on Septem*26ber 8, 1969, in which a court-imposed property settlement would invoke relatrix’s interest in the real estate described in her partition action. That same day the husband filed a motion to dismiss the partition action or, in the alternative, to enjoin further proceedings in that action.

The respondent trial judge entered the following order in the…