Jackson v. Brown

*416OPINION

By HORNBECK, PJ.

Because all living parties in interest seek partition we are not favored by brief supporting the position of the trial- court in refusing to grant the prayer of the parties.

It is - stated in the brief tendered by counsel for Brown, individually and as trustee, that in probability the action of the trial court was based upon Embleton v McMechen, 110 Oh St, 18, and particularly the third syllabus thereof:

“In this state life tenants cannot compel the remaindermen to suffer partition of their interests,”

This is a statement of a well known principle and Judge Jones in…