Avery v. Avery, Admx.

This is an action in ejectment by virtue of Section 5303.03, Revised Code, and before this court on appeal from a judgment for defendants in the Common Pleas Court. Section 5303.03 reads as follows:

“In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that the defendant unlawfully keeps him out of the possession. It is not necessary to state how the plaintiff’s estate or ownership is derived.”

While…