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KUHNLE v. RUSMISEL

No. 570.

113 Ohio App. 389 (1960)

KUHNLE, APPELLANT, v. RUSMISEL ET AL., APPELLEES.

Court of Appeals of Ohio, Miami County.

Decided December 6, 1960.

Attorney(s) appearing for the Case

Mr. Richard A. Goater, for appellant.

Mr. William E. Bailey, for appellee Beverly Di-Anne Kuhnle Rusmisel.

Mr. Carl B. Felger, for appellees Marguerite K. Jay, admx. of the estate of Earl W. Kuhnle, and The Third Savings & Loan Company.

CRAWFORD, J.

This appeal on questions of law arises in a suit for partition of premises owned by plaintiff-appellant and by Earl W. Kuhnle, defendant-appellees' decedent.

A motion to the second amended petition was, by consent of counsel,' treated as a demurrer and was sustained by the court with respect to certain claims of lien asserted by plaintiff.

It was alleged that plaintiff had made payments aggregating...

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